Marriage and Divorce in Kenya

The Marriage Act, 2014 is the enabling Act in Kenya for marriage. Marriage is defined by the Act as the voluntary union of a man and a woman, whether monogamous or polygamous, and is registered under the Act.

Section 6 of the Act acknowledges and allows for the registration of the following forms of marriages:

l. Christian Marriage

ll. Civil Marriage

Ill. Customary Marriage

IV. Hindu Marriage

V. Islamic Marriage

Dissolution of Marriages in Kenya

A legally registered marriage in Kenya will cease in one of the following ways:

a) Death of a Spouse

b) A decree declaring presumption of the death of a spouse.

c) A decree of annulment decree of divorce

In Kenya, divorce is obtained by a legal process of petitioning the Resident Magistrates court; however, for Islamic marriages, the jurisdiction to conduct the dissolution is under the authority of the Kadhi ls court.

In order to file for divorce, a petitioner must rely on and prove one or more of the grounds mentioned in Part X of the Act. This grounds include:

• Adultery.

• Cruelty.

• Desertion.

• Exceptional depravity.

• Irretrievable breakdown of Marriage

The proceedings for dissolution of marriage are initiated by filing a petition in the prescribed form. The petition is supported with a legally authenticated Certificate of Marriage, a list of witnesses, written witness statements, and duly authenticated copies of evidence on which the Petitioner will rely.

In case of any clarification or legal advice with respect to divorce and spousal maintenance in Kenya, please do not hesitate to contact us through Info@kiplagatkiduiadvocates.co.ke or through our Telephone numbers +254 727 663 221. We are a law firm that is duly registered in Kenya. We represent, advise and consult for clients in both domestic and international law. As a firm, we have dedicated significant amount of resources, talent, and energy in order to avail exemplary services to our clients. We endeavor to provide timely and value driven services.