Right for Kenya's 'woman husband'

Kenyan tribes which practice female 'marriages'

A Kenyan woman has gone to court, demanding the right to inherit a piece of land belonging to her deceased "husband" - another woman.

Grace Wanjiru Ndungu,70, has been told by her "husband's" relatives to leave the farm, on which she has been living with her children for more than 40 years.

My client is a widow and the only difference is that her husband happens to be a woman

Njuguna Mbigi
Lawyer

The practice of women marrying other women is common in some of Kenya's ethnic groups.

It often occurs when one of the women is unable to have children and they generally do not have sexual relations.

Ms Ndungu's lawyer Njuguna Mbigi has said he will base his appeal on traditional laws, which recognise such unions.

She is a Kikuyu, a tribe in the Central Province of Kenya, for whom such symbolic marriages used to be common.

'Surrogate'

Mr Mbigi told the BBC that inheritance cases involving such couples had been "settled in African courts even during colonial rule."

Other tribes in Kenya which practice these contracted marriages between two women are the Kamba and the Meru in the Eastern Province, the Bagusii and the Kuria in Nyanza Province.

Mr Mbigi admits the legal challenge will be tough

In some cases, a wealthy childless is allowed to marry a woman with children and the barren woman takes the responsibilities and duties of a husband, fending for the whole family and the children become hers.

In other cases, a rich barren wife is permitted by custom to find a younger woman who can bear children with her husband and the offspring will then belong to the childless woman.

The woman becomes a "surrogate" husband and although there is a man involved, the society entrusts the barren woman with full rights over the children.

Widow's rights

Ms Ndungu's lawyer said he will argue that, in the event of death, the woman and her children are entitled to inherit the property of the dead woman "husband" in accordance with the inheritance law.

"Basically what we are telling the court is that my client is a widow and the only difference is that her husband happens to be a woman," Mr Mbigi explained.

"What she wants is to inherit the property that belongs to her husband, just like any other widow would do."

However, the lawyer admitted that Ms Ndungu faces a tough legal battle ahead of her because this would be the first time such an argument has been heard in a western-style court.