Many decades ago, divorce in Kenya was considered as a foreign concept. In recent times, reports have showed that over the past decade, divorce and separation rates have grown. The Daily Nation Newspaper in January 2023 reported that at least one in every 18 households in Kenya is headed by someone who has been divorced or separated.
What is the Meaning of Divorce?
Divorce is the legal dissolution of a marriage, bringing to an end the union between two people. Unlike separation, which provides time for reflection, a divorce is a permanent legal dissolution.
Law Governing Marriages in Kenya
The Marriage Act, 2014 is the primary legislation that provides for all recognized marriages in Kenya and the grounds for their dissolution.
1. Christian Marriages
These are monogamous marriages celebrated in accordance with Christian denominations. Grounds for dissolution include:
- Adultery.
- Cruelty (physical or mental) against a spouse or children.
- Desertion for at least three (3) years.
- Exceptional depravity.
- Irretrievable breakdown of the marriage.
2. Civil Marriages
Non-denominational monogamous marriages conducted by the Registrar of Marriages. Grounds include:
- Adultery, cruelty, or exceptional depravity.
- Desertion for at least three (3) years.
- Separation for at least two (2) years.
- A spouse sentenced to 7+ years imprisonment.
- Incurable insanity.
3. Customary Marriages
Celebrated in accordance with the customs of one or both parties. Dissolution can be based on adultery, cruelty, desertion, or any valid ground under the specific customary law. Customary dispute resolution is often encouraged before a court hearing.
4. Hindu Marriages
Officiated in accordance with Hindu religious rituals. Grounds include irretrievable breakdown, desertion (3+ years), conversion to another religion, or serious offences like rape or sodomy.
5. Islamic Marriages
Governed by Islamic law. The dissolution is handled by a Kadhi, Sheikh, or Imam authorized by the Registrar, and a copy of the decree is delivered to the Registrar.
The Divorce Process
- Filing a Petition: The Petitioner files a divorce petition outlining the grounds.
- Notice to Appear: The Respondent is directed to answer within fifteen (15) days.
- Hearing: If contested, both parties give evidence and call witnesses.
- Decree: The court issues a judgment and a subsequent decree for dissolution.
Please contact us on +254 703 741276 or Email: legal@ombogo.co.ke for a divorce lawyer in Kenya to represent you in family matters.
