Accessed
4th September 2013
26
August 2013 Last updated at 16:56
Kenyan trio in 'wife-sharing' deal
Two Kenyan men have signed an agreement to "marry" the
same woman.
The woman had been
having affairs with both men for more than four years and apparently refused to
choose between them.
The agreement sets out
a rota for Sylvester Mwendwa and Elijah Kimani to stay in her house and states
they will both help raise any children she bears.
Mr Mwendwa told the
BBC he loved the woman and said the contract would "set boundaries"
and "keep the peace".
Lawyers said the
"marriage" would only be recognised if they could prove polyandry - a
woman having more than one husband - was part of their custom.
The BBC's David
Okwembah in the capital, Nairobi , says polyandry
is not practised by any community in Kenya
People have reacted
with shock to the "marriage", arguing that it is not acceptable in
terms of their culture, religion or the law, he says.
Defending the
"marriage", Mr Mwendwa told the BBC Focus on Africa
programme that while he may acting in breach of the law, he had decided to
enter into a contract with Mr Kimani to end their rivalry.
"It could have
been very dangerous if the other man would have come to her house and caught
me... So our agreement is good as it sets boundaries and helps us keep
peace."
'No jealousy'
Community policing
officer Adhalah Abdulrahman persuaded the two men to marry the woman after he
saw them fighting over her in Mombasa
"We have agreed
that from today we will not threaten or have jealous feelings because of our
wife, who says she's not ready to let go of any of us," the agreement
says, Kenya's NTV station reports.
"Each one will
respect the day set aside for him. We agree to love each other and live
peacefully. No-one has forced us to make this agreement," it adds.
Mr Mwendwa said her
parents had given their blessing, while he is planning to pay the bride price.
The woman, a widow
with two children, did not want to be named.
Mr Mwendwa told the
BBC he did not marry the woman simply to satisfy his sexual desires but because
he loved her and, most of all, her children.
"I have never
been called a dad and her two children call me daddy," he said.
He said he hoped to
have his own children with the woman, but she would have to decide.
"She is like the
central referee. She can say whether she wants me or my colleague," he
added.
Kenyan family lawyer
Judy Thongori told the Daily Nation that the law does not explicitly forbid
polyandry.
"The laws we have
do not talk about it but for such a union to be recognised in Kenya
