My wife has denied me my conjugal rights

Daily Nation Photo/FILE Grounds for nullity include refusal to consummate the marriage, impotence, if one was at the time of the marriage of unsound mind, or subject to recurrent fits of insanity or epilepsy among others.

From the wires, posted September 13, 2011

My wife and I have been married for three months. Throughout this time, she has denied me my conjugal rights.In an effort to resolve this, we have had three meetings with the extended family, and even though she has promised to change each time, she keeps going back on her word. Is this a ground for divorce?.

For you to petition for divorce, you have to have been married for at least three years.

However, the Matrimonial Causes Act allows a husband or wife to present a petition to the court, asking that their marriage be declared null and void.

Therefore, if you intend to end your marriage, you will need to petition the court for nullity of your marriage, not divorce.

Grounds for nullity include refusal to consummate the marriage, impotence, if one was at the time of the marriage of unsound mind, or subject to recurrent fits of insanity or epilepsy; or if the respondent was at the time of the marriage, suffering from a sexually transmitted disease; or if the respondent was at the time of the marriage pregnant by someone else, other than the petitioner.

Do Kenyan laws provide for foster care placement?

The Children’s Act has provisions on foster care placement. Where a child has been committed to a rehabilitation school or to a charitable children’s institution, the child may be placed with a foster parent, through the authority of the Director of Children’s Services.

A foster parent shall, while the child remains in his care, have the same responsibilities as if he were the biological parent of the child.

This only changes when the child is discharged from the care of the foster parent, or upon the expiry of the period specified by the Director.

The foster parent’s responsibility towards the child also ceases when he or she turns 18.

Worth noting is that one cannot remove the child from the jurisdiction of the Republic of Kenya without the permission of the court, and that such leave shall only be granted upon exceptional circumstances being shown.

The Law of Succession provides that if a will is not signed, or a mark affixed by the testator (maker of the will) then it shall not be valid.

Also, the will must be signed by two or more competent witnesses, who must have seen the testator sign or affix his mark to the will.

Each of the witnesses must also sign the will in the presence of the testator.

Who is prohibited from making a will under the Kenya law?

The Law of Succession Act provides that any person who is of sound mind, and not a minor, may dispose of all or any of his free property by will.

It also states that a woman, whether married or single, has the same capacity to make a will as man.

Is it mandatory under for minors to get consent before they get married?

The Marriage Act provides that if one is under 18 years, no licence shall be granted or certificate issued.
However, if the minors produce a written consent to the intended marriage, which is signed by the person that has lawful custody of them, such as their parents, then the relevant documents can be granted.
Send your questions to our experts on children’s rights and family law to musyimilaw@gmail.com

Source: Daily Nation

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