A young Pokot woman who tried to run away after she realized that she was to be married off without her consent was retrained and handed over to her husband. The images that were captured by Reuters showed the extent to which laws on marriage are disregarded in some parts of the country.
See Also: No Reprieve For Girls In Pokot As FGM Continues Unabated.....
Section 3 of the Marriage Act that was assented into law by President states:
(1) Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this Act.
(2) Parties to a marriage have equal rights and obligations at the time of the marriage, during the marriage and at the dissolution of the marriage.
As such, the marriage can be challenged on the grounds that the girl was forced into it, supported by the requirement for all unions to be listed with the Registrar of Marriages.
Section 43 on marriages under customary law however states that
(I) A marriage under this Part shall be celebrated in accordance with the customs of the communities of one or both of the parties to the intended marriage.