Divorce in Kenya

Divorce in Kenya

Kenya uses a fault-based divorce system. To divorce, two people must prove the other spouse's marriage fault. Kenya does not recognize consent-based divorces. The objective of this article is to inform and expand the reader's knowledge on the  process and practicability of divorce in Kenya.

Divorce in Kenya is governed by the Kenyan Marriage Act, the Matrimonial Property Act, and other related laws and case laws. Here are some key points to consider regarding divorce in Kenya:

1. Grounds for Divorce: Under Kenyan law, there are several grounds on which a person can file for divorce. These include adultery, cruelty, desertion, irretrievable breakdown of the marriage, and more. Adultery and cruelty are the most commonly cited grounds.


2. Jurisdiction: To file for divorce in Kenya, either spouse must be a Kenyan citizen or must have been domiciled in Kenya at the time of filing. Have been resident in Kenya for at least two years preceding the filing of the divorce petition.


3. Separation Period: In cases of irretrievable breakdown of marriage, spouses must have lived apart for at least three years before filing for divorce. In cases of adultery or cruelty, there is no required separation period.


4. Children and Custody: Issues related to child custody, visitation rights, and child support are crucial aspects of divorce in Kenya. The court considers the best interests of the child when making custody decisions.


5. Property and Assets: The court will also address the division of property and assets acquired during the marriage. This can be a complex and contentious aspect of divorce proceedings.


6. Alimony (Maintenance): The court may order one spouse to pay alimony (maintenance) to the other, especially if one party is economically disadvantaged or unable to support themselves.


7. Legal Representation: It is advisable for both parties involved in a divorce to seek legal representation from qualified family lawyers. Legal counsel can help protect your rights and navigate the legal process effectively.


8. Duration of Divorce Proceedings: The duration of divorce proceedings can vary widely, depending on the complexity of the case and court backlog. It may take several months to several years to finalize a divorce.


9. Alternative Dispute Resolution (ADR): Kenya also recognizes alternative dispute resolution methods such as arbitration and mediation as viable options for settling divorce-related issues.


Mediation: In some cases, the court may encourage or require mediation to resolve disputes before proceeding to a full divorce trial.


10. Annulment: In addition to divorce, annulment is another legal process in Kenya that declares a marriage null and void, as if it never existed. Grounds for annulment include fraud, impotence, and lack of consent.


Divorce can be emotionally and legally challenging, and it's crucial to seek legal advice and support when going through the process. Consulting with a qualified family lawyer is recommended to ensure that your rights and interests are protected during divorce proceedings in Kenya.

Feel free to ask if you have any more questions or need further details; Apollo Oduor & Associates Advocates; apollooduoradvocates@gmail.com ; Mobile:0732682015

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