bride herself or her official agent for instance in Kiganda culture to the official
aunt (Ssenga), who is freely chosen by the bride herself from among her aunts or her very
close relatives from her paternal side whether she consents to the marriage. The bride or her
aunt’s answer is the conclusive evidence of such consent or lack of it. That act is greatly
respected at the introduction ceremony (Okwanjura) in Kiganda culture. Okwanjula is defined in
the ‘Enkuluze y’Oluganda eye’Makerere’ (The Luganda Dictionary) as “Omuwala okulaga
bazadde be omulenzi gwaba asiimye okufumbirwa” translated as the function at which a girl
introduces or shows to her parents the boy she has chosen to marry. Further still, in the very
rare cases where the girl may feel she is being forced into a marriage with someone not of her
choice, either shortly before or at the night preceding the wedding day the girl will just vanish
(okubula) from her parents’ home in most cases with the active assistance of the official aunt
who is usually fully in the know of the reason for the girl’s attitude and protest. But this is very
rare indeed. The meaning of ‘Okwanjula’ as sown above necessarily embodies consent.
The culture of the Kikuyu, one of the nationalities in Kenya, is another example of an elaborate
process of ascertaining whether or not the bride consents to the marriage.
In Mwangiru Vs Mumbi 1967 E.A 639 the customary marriage between a man and woman
was found invalid for lack of the woman’s consent because on one of the two occasions where
such consent was to be given by the bride and ascertained, the bride chose to hide away from the
second occasion and her absence was held to be her expression of lack of consent.
I accept the contention of the respondents that since in Uganda there is a variety of marriage
options from which those who intend to get married can choose, when two adults choose to get
married in a customary marriage where bride wealth is recognized as a pre-condition to such
marriage, then they do accept to observe all the features that go with it. None of them should,
therefore, be heard or complain that her or his consent is fettered unless there is satisfactory
evidence to support the contrary view.
I therefore, find in the negative to this issue.
Issue (h).
The complaint in this issue is whether the payment of bride price by the bride groom renders the
wife an unequal partner in marriage contrary to Article 31 (3) of the Constitution.
Article 31 (3)of the constitution quoted in and relied on by the parties to the petition as their
framed and agreed issue (h) does not address the issue of equal rights of the parties to the
marriage. It is concerned with entrance into marriage by the parties thereto with their free
consent. It provides:“31 (3) marriage shall be entered into with the free consent of the man and
woman intending to marry.
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