Kenya: Traditional marriages among the Luo in Kenya including polygamy, consent of parties involved, and treatment of women in the community

Alex Weinreb in his Ph.D. dissertation in Demography and Sociology, University of Pennsylvania writes:

traditionally, Luo marriage is exogamous, post-marital residence patrilocal, and inheritance patrilineal. Nowadays these norms are weakening. For example, sons are setting up homes outside or away from their fathers' compound at younger ages. Similarly, it is a common complaint among older men that young men and women are increasingly living together without any formal exchange of bridewealth between the man and the woman's family. Ideally, the bulk of this should be paid to the wife's father/mother/brothers with some smaller amounts given to the wife's paternal uncles. Among other things the reduction in bridewealth payments allegedly weakens relations between husbands' and wives' families and may also lead to more marital disruption. This occurs because if bridewealth is paid and a couple divorces, the woman's family must return at least some of the bridewealth to the husband. The woman's family – especially her brothers/close male cousins who traditionally relied on the receipt of bridewealth to subsidize their own marriages – therefore have an incentive to support marriage (May 2000).

Various media reports indicate that polygamy and wife inheritance are accepted customary practices among the Luo (AANA 29 Jan. 2001; PANA 13 Dec. 2000; BBC 7 June 1999; IPS 21 May 1999). The IPS report explains that among the Luo,

a man's funeral rites are incomplete until his widow has been "inherited" ... this traditional practice requires her to remarry or at least be "cleansed" through sexual contact with a member of the deceased [husband's] clan ... if she refuses, she is confined to her home and prevented from planting crops on her husband's farm, or even to visit her neighbours' homes, because people fear she will bring a curse to the clan (21 May 1999).

Polygamy and the practice of "wife inheritance" served economic, cultural and psychological functions among the Luo. The BBC report explains that it "is the traditional Luo way of looking after the economic needs of a widow" (7 June 1999), while the AANA report explains that

the institution of polygamy was expected to reinforce the spirit of communal solidarity which was essential for the controlled exploitation of the local resources to improve the welfare of its members. And in the event of the death of a mother, this institution provided orphans with both emotional and psychological comfort (21 Jan. 2001).

Western Kenya, the homeland of the Luo among other tribes, reportedly has the highest incidence of HIV infection in Kenya (BBC 7 June 1999). Wide spread AIDS in the area has led the elders in the community to start questioning the wisdom of wife "inheritance," which they blame for the spread of AIDS (ibid.; PANA 12 Dec. 2000).

In 1999, Luo elders reportedly held discussions with various sections of the community to see whether the custom could be modified to suit the realities of the times (7 June 1999; IPS 21 May 1999).

According to the BBC report, a female nurse who refused to be "inherited" reported facing resistance both at work and in the community as some female patients refused to let her deliver their babies believing that "a widowed woman who remains single brings death into a house" (BBC 7 June 1999).

However, PANA reports that in Homa Bay Town, in Western Kenya, the local provincial administrator has outlawed the practice of wife "inheritance" (12 Dec. 2000). According to PANA "10 professional wife inheritors got bundled in a van before being banished from the district ... in most cases, such men see themselves as very important members of the society because they have devoted their time to live with a widow and her children. They at times also beget children on behalf of the deceased husband" (12 Dec. 2000).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

All African News Agency (AANA). 29 January 2001. "Culture No Longer Helpful in Averting Disasters." [Accessed: 20 Apr. 2001]

BBC News Online. 7 June 1999. "Africa: Aids Forces Change on Kenya's Luo People." [Accessed: 20 Apr. 2001)

Inter Press Service (IPS). 21 May 1999. Judith Achieng. "Health-Kenya: Cultural Practices Hinder The Fight Against AIDS." [Accessed: 20 Apr. 2001]

Panafrican News Agency (PANA). 12 December 2000. Tervil Okoko. "Ten Wife inheritors Deported." (Africa News/NEXIS)

Weinreb, Alex. May 2000. Ph. D. Dissertation in Demography and Sociology, University of Pennsylvania. "Notes on the Luo and Suba." University of Pennsylvania [Accessed:

4 Apr. 2001]

Additional Sources Consulted

Africa Confidential.

Africa Research Bulletin: Political, Social and Cultural Series.

Country Reports on Human Rights Practices for 2000. 2001 . US Department of State. Washington, DC. US Government Printing Office.

The Indian Ocean Newsletter

Keesing's Record of World Events.

Resource Centre. Country File. Kenya.

Search engines including:

Google

Internet sites:

All Africa