ABSTRACT

This chapter examines the human bases of marriage. It discusses the expression 'current ideal' as regards the family in the particular society. It also examines African marriage in colonial and post-colonial Kenya. It argues that a new concept of marriage has emerged and that the time has come for the essentials of the Marriage Act, both African and Western in Kenya as regards formalities and capacities, to be reformed so that the law may be in line with today's idea of marriage. The chapter explains common humanity or nature that supplies some of the essentials of marriage in law. It shows how the organisation of Kenyan society has changed and how, as a consequence, new elements or essentials of marriage have emerged within the framework of the law. The African and the English models of marriage used are customary and English marriage respectively.