Women must say No to ‘mpango wa kando’ law

Recently, the President signed into law a bill prohibiting ‘mpango wa kando’ (secret lovers) from inheriting their partner’s property. But the law protects neither the widow nor the ‘mpango’, but privileges the male gender, extending the subordination of women by men.

The law was introduced by the Law of Succession (Amendment) Bill 2019, sponsored by Homa Bay MP Peter Kaluma as he sought to stop the anguish of widows from secret lovers. To him, the latter are attention seekers and opportunists who sprout from the shadows to enjoy property’: “We want to do away with these attention seekers and opportunists who pop up out of nowhere and want a share of what they never worked for”… “They then end up locking out those who rightfully own the inheritance. This bill will protect true heirs in succession affairs not the common friends we see surfacing”.

This law should be opposed by all means. It does not protect the widow or the ‘mpango wa kando’.

It’s one straight path to misogyny and male privilege in relationships. It is based on stereotypes of women who live off men. Women who are opportunists seeking to reap where they did not sow. It privileges the man. He can have multiple relationships, legitimate and illegitimate ones.

Promiscuous

Some, where he commits himself and in others, where he is non-committal. He can have the best of the two worlds without a finger being pointed at him.

He can enjoy life with ‘mpango wa kando’ without having any pain or fear of spoiling his name. The men arguing for the bill were quick to point at the evils of ‘mpango wa kando’, but not those committed by the man.

The man is promiscuous by nature and he should be that way, including taking advantage of his wife at home and the ‘mpango wa kando’. He can choose to have whoever he wants without making formal commitment to the ‘mpango wa kando’. The secret lover is vilified while the man is given a ticket to sainthood in spite of his love misadventures.

He can be with whoever he chooses to be with without minding the repercussions especially those that occur with untimely death. The ‘mpango wa kando’ is exposed to the vagaries of cultural milieu that acknowledges such relationships but does not offer her protection in the case of death.

‘Mpango wa Kando’, which can be translated as the alternative plan, is a common practice, which is normalised in Kenya. One can have an alternative when things do not work well at home.

That is when the mama is sick, too old to be seen with in public or generally when the man wants to feel more manly, especially with the midlife crises. The ‘mpango wa kando’, who is usually younger, is exploited for her vulnerability and naïvetés.

While the going is good, according to one of the MPs who supported the motion, ‘they should enjoy the power and high life they were attracted to but should not think we shall let them dip their hands in the wealth’. 

This means that the ‘mpango wa kando’ should see herself as a pleasure toy and not consider that she is in a meaningful long-lasting relationship. This is because when death strikes, she is left to fight for her own survival.

Gold digger

Although for all practical purposes she rendered the services of a wife to the man, she is not acknowledged as one. The law contradicts itself. It recognises the children born of that union but does not recognise the mother as a legitimate wife. 

The question is why recognise the children and not the mother? The ‘mpango wa kando’ is treated as a gold digger, who does not deserve respect as a mother and wife. She is exposed to abuse and humiliation.

The legitimate window is also not protected either from abuse and humiliation. She is painted as a good woman because of enduring betrayal in their relationship.

This is stereotypical of a docile non-assertive wife, who will take all nonsense in a relationship so that she can be ensured of an inheritance.

She will live with the trauma of betrayal from her husband for the rest of her life. She had a right to divorce her adulterous husband while he was living.

Face off the issue of property sharing with him rather than have to do it in death. Both women in this law are losers. The law does not protect them.

We should say goodbye to ‘mpango wa kando’ once and for all by ensuring all unions are duly registered or formalized. Both the ‘mpango wa kando’ and the widow need to be protected from male machinations of unequal gender relationships. 

Dr Kinyanjui is visiting lecturer, Mount Holyoke College, Massachusetts, USA. [email protected]