The Children Act
indirectly defines the
minimum age for marriage as 18 years by prohibiting the
marriage of any child.
However, there are other
statutes in place that have different minimum ages for marriage namely, The Hindu
Marriage and Divorce Act and the Marriage Act.These statutes provide that the minimum age for marriage for a girl is 16 and minimum age of marriage for a boy 18.
Customary law and Islamic law, Sharia, allow for persons under the age of 18 to be married.
Early marriage is still a
common occurrence in this country owing to customary laws that allow marriage of
children especially after
certain rites of passage such as circumcision.
The Marriage Act (Cap. 150, Laws of Kenya)
sets the minimum age of
marriage for girls at 16 years, and 18 years for boys. In both cases, parental consent
is required. This applies also to marriage under the Hindu Marriage and Divorce Act (Cap. 157, Laws of Kenya). In
Islamic law, a person is free to marry on attainment of puberty. Under customary law, some communities deem
a person ready for marriage after he/she undergoes the relevant initiation rites or after puberty.
Points to consider:-Nthenya was old enough to be married when the said offence took place
-An airport that is old enough to be married is certainly old enough to be landed on
-Did the father give his consent?
ConclusionThe defence proved with sufficient evidence that no law was broken. A 'Not Guilty' verdict is hereby given on all counts. All parties to pay their own costs. And lastly, Wazuans should accept and move on.
GOD BLESS YOUR LIFE