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Article Volume 7 Issue 2 449 - 461 March 17, 2024

Partners in the Nature of African Customary Marriage: Luo Wedlock Perspective, Kenya

Lead author · Corresponding
Dr Joanes Wu'Adongo Ofwa
PhD student at Jaramogi Oginga Odinga University of Science and Technology, School of Business and Economics, Kenya
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.117003
Abstract

This paper focuses on partners in the nature of African Customary marriage; the Luo wedlock perspective, Kenya. Any state has no higher duty than to ensure that the institution of marriage is protected and the rights of the partners in the nature of the marriage are respected. It is important to note that, occasionally the Judicial officers tasked to determine the validity of the African customary marriages treat it as live-in relationship and the presumption of the nature of marriage by cohabitation and an act of general repute. The Luo Community had certain customary rites performed before the wedlock is declared. This study adopted desktop/online research design. The researcher gathered primary data from the Kenya constitution 2010, the statutes and the cases. The secondary data was sourced from journals, law text books and periodicals. The study revealed that African customary marriage has procedures and customary rites to adhere. I may conclude that Marriage Act 2014, has amplified the ingredients of a valid African Customary Marriage.

Type
Article
Information
International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 449 - 461
DOI: https://doij.org/10.10000/IJLMH.117003
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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