Monday, July 02, 2007

How Does A Court Enforce Conjugal Rights?

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There is a case still in court where the man who claims to be a former husband of Jesus Is Alive Ministries Televangelist Margaret Wanjiru is among other things asking the court to restore his conjugal rights with the woman he says is his legally married wife.

I am totally ignorant in these things and I am not a lawyer (except that I am well versed in areas of the law that may affect a journalist/publisher-naturally). So I would like somebody to educate me on this matter.

Let's say a court grants a Mr X his conjugal rights and orders Mrs Y to do the needful, what mechanisms does a court have to enforce such an order? Will a court clerk be sent to the said marital bed to obtain video footage evidence at night confirming that the express wishes of the court have been met? Does the said court go into details in the order? The reason I ask this is if I was a woman and I don't love the man and the court has ordered me I may want to stay out of jail for contempt of court by reporting to the said marital bed "dressed in my favorite anti-marital-rape-clothing", turning the other side and then daring the man to return to court to claim that he did not receive the "goods." All manner of other similar mischief can be played.

On a more serious note what I would do if I were Mrs Y would be to demand that we both undergo an Aids test ahead of the court order being enforced. This will take a minimum of 3 months to ascertain for sure that somebody is free of the virus, during which a lot can happen, like Mrs Y filing for a divorce.

On an even more serious note Mr Kamangu has put on considerable weight and looks very prosperous now, despite the hefty legal fees he is footing. In fact I am told they are being paid by some sympathizer. Would that sympathizer be the same person who is also paying for his expensive clothes and the briefcase (I wonder what he carried inside? His Aids-free test certificate handy incase the court suddenly grants him his conjugal rights?). On a serious note who is the sympathizer who pays the bills? Could that sympathizer have any interest in the Starehe political seat?

Horror of Kenyan with female sex organ sharing cell with men at Kamiti Prison

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1 comment:

  1. The most apt description of the law remains the fact that its an ass. Look at most heavy penalties on pick pockets and compare it with mega thieves.

    Legally a court can SYMBOLICALLY restore conjugal rights. It cannot go past that and the victory can only be moral and in public court or vice versa. All the nitty gritty are nothing but red herring.

    As for Kamangu's fortune, ask Kamanda. Its based on the paradigm of 'the enemey of my enemy is my friend' ala skinning the cat via remote control.

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