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Originally published by Kenyans
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November 8, 2025
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EXPLAINER: Why Kenyans Can Now Divorce on the Same Day of Their Marriage

EXPLAINER: Why Kenyans Can Now Divorce on the Same Day of Their Marriage

Couples in Kenya can now legally dissolve their marriages at any time and no longer have to wait three years to file for divorce...

✨ Key Highlights

In a landmark decision, Kenya's Court of Appeal has removed the mandatory three-year waiting period for filing for divorce in civil marriages. This means couples can now dissolve their marriages at any time, even on the same day they were wed.

  • The ruling upheld a High Court decision finding the three-year waiting period unconstitutional due to its discriminatory nature and violation of equality rights.
  • The case was initiated by lawyer Tukero Ole Kina against the Attorney General and the National Assembly.
  • The Court of Appeal’s 2022 ruling included a three-year grace period for Parliament to amend the Marriage Act 2014, which officially ended in June of this year without challenge.
  • According to lawyer Danstan Omari, there is now no limit on how long a couple must be married before seeking a divorce.

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