Divorce in Kenya: Should matrimonial property be divided on fifty fifty basis? The federation of women lawyers in Kenya, FIDA, lost a court battle to have marriage partners automatically share wealth on 50:50 basis upon divorce.
This was after a High Court rejected lobby’s application to declare the Marriage and Properties Act unconstitutional.
In the judgment, the Justice John Mativo ruled that parties to a marriage are entitled to their individual share of contribution to family wealth.
Divorce in Kenya: ruling
Fida had wanted section 45 (3 of the Marriage Act, that states couples should get what they contribute, declared unconstitutional. But the judge said: “A person cannot walk into a marriage and then walk out with more than what they deserve.”
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On May 12 2020, women whose marriages break down had a reason to smile after the Supreme Court, in a precedent-setting ruling, left intact a decision giving them the right to seek payments from their ex-husbands after divorce in Kenya.
The ruling was a major blow to husbands as they are now obligated to pay alimony to their estranged wives — regardless of whether the women have moved on or not.
If unchallenged by a fresh suit, the decision on their divorce in the country could potentially open the floodgates for lawsuits from women seeking upkeep.
