Kenya’s Courts Won’t Rescue Spouses from Unfair Prenups, Legal Experts Warn
As divorce cases continue to rise in Kenya, legal experts have warned that couples trapped in harsh prenups should not expect the courts to bail them out. A recent legal […]..
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Kenyan legal experts warn that courts will uphold prenuptial agreements, even if seemingly unfair, unless clear evidence of fraud, coercion, or manifest injustice is presented. The judiciary maintains a strict stance on enforcing these contracts, reflecting a high threshold for intervention and a refusal to "rewrite bad bargains."
- 9,315 divorce cases are currently pending across Kenya’s courts, as per the State of the Judiciary Annual Report 2024.
- The legal advisory was issued by boutique tax and legal advisory firm Tarra Agility Africa.
- The central principle, reinforced by cases like DNK v GS [2023] and QMAO v DAW [2024], is that prenuptial agreements are binding contracts under the Matrimonial Property Act, 2013, and equity does not rescue parties from poor decisions.
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Kenyan Courts Rule on Transgender Rights and Prenuptial Agreements; AfDB President Addresses Rule of Law - August 2025
An Eldoret Court has ruled that the constitutional rights of a transgender woman, Shieys Chepkosgei, were violated during her detention and medical examination at Eldoret Women’s Prison and Moi Teaching and Referral Hospital. In a separate legal development, Kenyan experts warned that courts will uphold prenuptial agreements, even if seemingly unfair, unless clear evidence of fraud or coercion is presented. The judiciary maintains a strict stance on enforcing these contracts and refuses to "rewrite bad bargains." Speaking at the Law Society of Kenya’s 2025 Annual Conference, African Development Bank Group President Dr. Akinwumi Adesina emphasized that the rule of law is crucial for Africa's prosperity. He stated that transparent governance and justice for all citizens are vital for attracting foreign direct investments.
