@article{2014:ojwang:womantow,
title = {Woman-to-Woman Marriage: A Cultural Paradox in Contemporary Africa’s Constitutional Profile},
year = {2014},
note = {The promulgation of several new Constitutions in Africa came with a
paradigm shift in the official perception of second generational
rights. For example, the Constitution of Kenya, 2010 enshrines the
right to culture and family. Such a change in outlook has a special
significance, as it intimately affects current institutions, in their
work-orientation. Conflicts of approach frequently affect the working
of such institutions, especially in light of new constitutional
commitments.Woman-to-woman marriage is one of the many forms of
cultural practice recognised by some communities in Africa. Although
this form of marriage is recognised by communities in several
countries, there is no self-evident principle governing the different
approaches adopted by the Courts, in adjudicating disputes relating to
this form of marriage. We seek to demonstrate that the difference in
constitutional and statutory frameworks governing these countries has
occasioned this difference in approaches.This article seeks to
elucidate the nature of this unique form of customary marriage, with
special focus on Kenya, by firstly, giving the overview of
international and domestic laws with regard to the right to culture
and family, in relation to the raison d’être of this practice.
Secondly, we will provide a synopsis of the concept of woman-to-woman
marriage, its recognition in certain communities, and the purpose for
entering into such union. Thirdly, we will carry out a comparative
analysis in which we consider the Constitution, statutory law and case
law in Kenya, Tanzania and Nigeria, in relation to woman-to-woman
marriage. In conclusion, we draw analogies from elements in
international law, which aim at protecting cultural rights, such as
the right to practise this form of marriage.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {412--433},
author = {Ojwang, Jackton B. and Kinama, Emily Nyiva},
volume = {47},
number = {4}
}