Couples will not have to share their wealth equally upon divorce after High Court on Monday upheld the Marriage, Properties Act.
In a landmark ruling, Justice John Mativo rejected the Federation of Women Lawyers’ (FIDA) application for the repeal of section 45 (3 of the Act, that states couples should get what they contributed to family wealth.)
Justice Mativo is quoted as saying, “a person cannot walk into a marriage and then walk out with more than what they deserve.”
FIDA argued the law unfairly discriminated against women whom it said were always more disadvantaged after the dissolution of marriages. The case generated public interest, given the kind of debate the law generated when it was first introduced in Parliament in 2013.
The decision comes at a time when the country is seeing a surge in divorce cases.
It also comes a few days after the Kenya Supreme Court, in a precedent-setting ruling, left intact a decision giving women the right to seek payments from their ex-husbands.
That ruling obligates to pay alimony to their estranged wives — regardless of whether the women have moved on or not.
If unchallenged by a fresh suit, the decision could potentially open the floodgates for lawsuits from women seeking upkeep.
The court had been had asked to decide whether it is discriminatory for a man to maintain his estranged wife, even when he has not sired children with her — in a case involving a couple embroiled in a matrimonial dispute.
