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October 9, 2025
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No More 50:50 Property Share in Divorce, Court Rules

No More 50:50 Property Share in Divorce, Court Rules

The judges maintained that courts must evaluate evidence from both parties before dividing property...

✨ Key Highlights

The Court of Appeal in Kenya has ruled that divorced partners will not automatically divide matrimonial property equally. Instead, property division will be based on each party's individual contribution, overturning the assumption of an automatic 50:50 split.

  • The ruling dismissed a case by Federation of Women Lawyers (FIDA-Kenya), which argued against Section 7 of the Matrimonial Property Act.
  • FIDA contended that the section discriminates against women and contradicts Article 45(3) of the Constitution, which ensures equality in marriage.
  • The Attorney General defended Section 7, stating it constitutionally recognizes both monetary and non-monetary contributions.
  • The judges upheld an earlier High Court decision, emphasizing that contributions like domestic work, childcare, and moral support must be considered.
  • This judgment reinforces a 2023 Supreme Court decision that equality in marriage pertains to rights and responsibilities during the union, not necessarily equal property division upon dissolution.

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