A lobby group on Monday filed a petition seeking the amendment of the Marriage Act 2014 to allow partners to part ways without going through the acrimonious and embarrassing litigation.
Documents filed by a consortium of lawyers under Copler Attorneys and consultancy now wants the Constitutional and Human Rights High Court sitting in Milimani Law Courts to compel the Attorney General and the National Assembly to amend the Marriage Act number 4 of 2014 to allow couples to terminate their marriages through a written consent filed in court.
Lawyer Edwin Saluny states that based on the current fault-based system of litigation, the same ends up being an exercise marred with degrading each other and tearing up each other in a bid to apportion blame to each other.
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The attorneys are saying the current law which is applicable in terminating a marriage in the country is embarrassing to the couples, their children and society. They are saying litigations are subjective and have a life-lasting stigma to the parties and their siblings.
Therefore they are asking the court to use its unfettered jurisdiction to salvage the dignity and sanctity of the law.
The lawyers are saying that the marriage act, as it is, violates Article 10,36,45 and 259 of the Constitution which requires every citizen to have dignity and respect.
They are urging the court to declare sections of the marriage act as unconstitutional and illegal as they tear the reputation of divorcing couples and their children eternally.
"A mandatory injunction be issued to the National Assembly to amend the Marriage Act number 4 of 2014 and the Matrimonial causes Act cap 152 to enable parties in marriages of whichever regime to terminate marriage by consent," the attorneys stated.
