Divorced partners will not be subject to automatic equal matrimonial property division in Kenya.
There would rather be subdivision according to the contribution each party made, the Court of Appeal has affirmed.
The decision, which has upheld an earlier High Court decision, saw the appellate judges dismiss a case filed by the Federation of Women Lawyers (FIDA-Kenya), which had sought to have Section 7 of the Matrimonial Property Act declared unconstitutional.
“Subject to section 6(3), ownership of matrimonial property vests in the spouses in equal shares irrespective of the contribution of either spouse towards its acquisition, and shall be divided equally between the spouses if they divorce or their marriage is otherwise dissolved,” FIDA said in its court papers.
According to FIDA, domestic work, childcare, emotional support, and home management are vital contributions that often go unrecognised when courts divide property.
