Seems like a person would have to know whether BHO’s first marriage was recognized by Kenya. If it was a tribal marriage it may not have been legally recognized in Kenya, in which case HRS 572(1)(3)’s meaning of “lawful wife living” would come into play. I would imagine it would depend on whether the marriage was recognized as a legal marriage by the Kenyan government.
Trouble is, we can’t know that without asking Kenya. And to do that would require discovery, which no judge has been willing to grant.
His marriage to African bride would have been recognized. HOWEVER, there are many articles on the web about problems that have taken place in Kenya when the tribal marriage wife shows up at the door to stop a new wedding..and some of these have landed in court.
Obama’s marriage to Ann - even if it was legal in the US (and it wasn’t legal)..still would not have been recognized in Kenya..and that is the root you look to since Sr was Kenyan. It is a convoluted mess.
| Seems like a person would have to know whether BHO’s first marriage was recognized by Kenya. If it was a tribal marriage it may not have been legally recognized in Kenya, in which case HRS 572(1)(3)’s meaning of “lawful wife living” would come into play. I would imagine it would depend on whether the marriage was recognized as a legal marriage by the Kenyan government. Original records of BHO SR’s first marriage would likely be found in the Kadhi’s Courts, which preserved Sharia Law for Muslims in the Mombasa area, as discussed here on FR a few months back. Myth exposed: Mombasa was NOT part of Zanzibar in 1961 In a third world country like Kenya that is riddled with corruption, a bribe to a public official can help shake loose documentation believed to be "lost" or "did not exist" in the first place ... |
And under the 1948 BNA only legitimate or legitimated children are governed by it. Without a formal divorce from Ketzia, BHO II's birth could never be legitimate or legitimated by a Dunham-Obama marriage in HI.
• See Kenya Marriage Act of 1902 paragraph #49:
49. Whoever contracts a marriage under this Act, being at the time married in accordance with native law or custom or in accordance with Mohammedan law to any person other than the person with whom such marriage is contracted, shall be guilty of an offence and liable to imprisonment for a term not exceeding five years.
kenyalaw.org/family/statutes/...?file=The+marriage+act.pdf
• BNA of 1948 Legitimation of persons born out of wedlock:
23.—(1) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage or of the commencement of this Act, whichever is later, be treated, for the purpose of determining whether he is a citizen of the United Kingdom and Colonies, or was a British subject immediately before the commencement of this Act, as if he had been born legitimate.
(2) A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.
http://www.uniset.ca/naty/BNA1948.htm
“(2) Subject to the provisions of section twenty-three of this Act, any reference in this Act to a child shall be construed as a reference to a legitimate child; and the expressions “father”, “ancestor” and “descended” shall be construed accordingly.”
http://www.uniset.ca/naty/BNA1948.htm