THE GROUNDS AND PROCESS OF DIVORCE IN KENYA.

THE GROUNDS AND PROCESS OF DIVORCE IN KENYA.

?(The Marriage Act No. of 4 of 2014; Laws of Kenya)

?In Kenya, divorce is governed by the Marriage Act, which provides specific grounds upon which a marriage can be dissolved. To initiate divorce proceedings, one must establish valid grounds recognized by Kenyan law.

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BELOW IS AN OUTLINE OF THE GROUNDS FOR DIVORCE IN KENYA:

?1.?? Adultery:

One spouse engaging in sexual relations with someone other than their spouse is considered adultery.

Adultery is a commonly cited ground for divorce in Kenya, and it is essential to provide evidence to substantiate the claim.

2.?? Cruelty:

If one spouse subjects the other to physical or mental cruelty or harassment, it can be considered grounds for divorce.

Cruelty may include physical violence, emotional abuse, or any behavior that endangers the well-being of the other spouse.

3.?? Desertion:

Desertion occurs when one spouse abandons the other without reasonable cause for at least three years.

The deserted spouse can file for divorce on the grounds of desertion.

?4.?? Long Separation:

If a couple has lived apart for at least four years and can demonstrate that they have been living separate and independent lives during this period, it can be grounds for divorce.

This separation must be voluntary, and both spouses should be in agreement that the marriage has broken down irretrievably.

5.?? Incurable Insanity:

If one spouse has been declared incurably insane by a qualified medical practitioner and has been in such a condition for at least five years, it can be grounds for divorce.

6.?? Venereal Disease:

If one spouse has a venereal disease that is both incurable and communicable, and the other spouse was unaware of the disease at the time of marriage, it can be grounds for divorce.

7.?? Impotence:

?If one spouse is impotent and unable to consummate the marriage, and this fact was not known to the other spouse before marriage, it can be grounds for divorce.

?8.?? Presumption of Death:

If one spouse has been missing for seven years or more, and there is a presumption of their death, the other spouse can seek a divorce.

?9.?? Non-Compliance with Court Orders:

Failure to comply with a court order regarding maintenance, custody, or any other court-issued directives can also be a ground for divorce.

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?Section 73 of the Marriage Act sets out the following grounds for annulment of marriages:

?(a) Where the marriage has not been consummated since celebration.

?(b) Where at the time of the marriage without their knowledge, either party was in a prohibited relationship

?(c) In the case of monogamous marriages, one of the parties was married to another person.

?(d) The Petitioner’s consent was not freely given

?(e) A party to the marriage was absent at the time of celebration of the marriage.

?(f) At the time of the marriage and without the knowledge of the husband, the wife was pregnant, and that the husband is not responsible for the pregnancy.

?(g) At the time of marriage, without the knowledge of the petitioner, the other party suffered from incurable bouts of insanity.

?DIVORCE PROCESS IN KENYA.

?The divorce process in Kenya is governed by the Marriage Act, the Matrimonial Property Act, and various other legal provisions. It's important to note that divorce laws.

1.?? : To file for divorce in Kenya, you must meet certain eligibility criteria, including having a valid marriage recognized under Kenyan law.

?2.?? Grounds for Divorce: You must have valid grounds for divorce.

?3.?? Consulting an Attorney: It is advisable to consult with an attorney who specializes in family law to guide you through the divorce process and ensure that you meet all the legal requirements.

?4.?? Filing a Petition: The process typically begins with one spouse (the petitioner) filing a divorce petition in the High Court of Kenya. The petition should outline the grounds for divorce and other relevant details.

?5.?? Serving the Petition: The petitioner must serve the divorce petition to the other spouse (the respondent) in accordance with the court's rules and procedures. The respondent has a specific period to respond to the petition.

?6.?? Response: The respondent can either agree to the divorce or contest it. If contested, both parties will present their arguments and evidence in court.

?7.?? Property Division: If there is matrimonial property involved, the court may determine how it should be divided between the spouses. The Matrimonial Property Act provides guidelines for the equitable distribution of property.

?8.?? Child Custody and Support: If there are children involved, the court will also address issues of child custody, visitation rights, and child support. The best interests of the child are considered in these matters.

?9.?? Hearing and Judgment: The court will schedule a hearing where both parties can present their case. After considering all the evidence and arguments, the court will issue a judgment either granting or denying the divorce.

?10. Decree Absolute: Once the court grants the divorce, a decree absolute is issued, officially terminating the marriage.

11. Appeals: Either party has the right to appeal the court's decision if they believe it is unjust.

12. Finalizing Financial Matters: After the divorce, the parties may need to finalize financial matters, including the division of assets and payment of any support or maintenance as per the court's orders.

BY:-

WYCLIFFE ANYONA M. LLB

ADDRESS: CREST PARK

DENNIS PRITT - KILIMANI

NAIROBI - KENYA

24 HOUR LIVE WHATSAPP CALL LINE:?+254 713 641 431

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LINKED IN: https://www.dhirubhai.net/in/wycliffe-anyona-m-llb-387936261/

EMAIL: [email protected]

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