Woman-to-woman marriages are a unique cultural practice rooted in Kenyan traditions. This article explores their meaning, history, reasons for their existence, and their recognition under Kenyan law.

What Is a Woman-to-Woman Marriage?

A woman-to-woman marriage is a traditional union where a woman marries another woman, not for romantic reasons but to ensure the continuity of a family line. The "wife" in this arrangement is expected to bear children, often with a chosen male partner, on behalf of the "husband" or her family.

This practice is common among communities like the Kikuyu, Kamba, and Nandi and is a way to address societal and familial needs rather than personal relationships.

The History of Woman-to-Woman Marriages in Kenya

The tradition of woman-to-woman marriages dates back centuries in Kenya. It emerged as a solution to issues like inheritance, property ownership, and family continuity. For instance:

Among the Kikuyu, this practice was a way for a childless widow or single woman to secure heirs.

In the Nandi community, older women with wealth but no sons could marry younger women to bear children, ensuring their lineage and property stayed within the family.

Why Do Woman-to-Woman Marriages Happen?

Inheritance Rights: Many traditional communities only allow male heirs to inherit property. Woman-to-woman marriages ensure that children born through the union can inherit.

Family Continuity: A woman without sons can marry another woman to have children who carry on her name and legacy.

Social Security: Older women or widows use these unions to gain support and companionship in their later years.

Cultural Norms: In some societies, this practice prevents family land from being subdivided or lost to external parties.

 Is Woman-to-Woman Marriage Recognized in Kenyan Law?

Yes, but only under customary law. The Kenyan Constitution recognizes marriages conducted under customary practices, provided they are not inconsistent with the Constitution.

Relevant Legal Provisions:

Article 11(1) of the Kenyan Constitution (2010): Recognizes culture as the foundation of the nation and allows cultural practices that promote family continuity.

Marriage Act (2014): Under Section 43(2)(c), customary marriages, including woman-to-woman marriages, are recognized if performed according to community traditions.

Succession Act (1981): Protects inheritance rights for children born within such unions, aligning with the family continuity objective.

Conclusion

Woman-to-woman marriages are a testament to Kenya's rich cultural diversity. While they may seem unconventional, they serve practical purposes in preserving family lines, protecting property, and maintaining societal balance. Recognized under customary law, these unions highlight the importance of respecting cultural practices while aligning them with modern legal frameworks.

As we embrace progressive ideologies, let us also celebrate and protect our unique heritage.

Also read: Is a Marriage Without Children Truly Complete?" The Silent Struggles of Childless Couples in Africa

Also read: The Silent Burden: Oppressive Rituals Women Endure in Kenya

Frequently Asked Questions

1. Are woman-to-woman marriages legally binding in Kenya?

Yes, they are legally recognized under customary law as long as the traditions of the community are followed.

2. Can children born from these unions inherit property?

Yes, children from woman-to-woman marriages are considered legitimate heirs under the Succession Act.

3. Do these marriages conflict with Kenya’s legal framework?

No, as long as they align with the Constitution and the Marriage Act, they are valid and culturally significant.