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Originally published by Kenyanstop
February 12, 2026
2w ago
Why Alimony is Not Automatic in Kenya

Alimony is a crucial part of divorce, with the parties agreeing on ways to support their children and spouses after the separation...
✨ Key Highlights
Kenya's High Court has ruled that alimony is not an automatic right in divorce cases, requiring it to be specifically pleaded and proven in court. This decision overturns a lower court's order for a husband to pay maintenance to his former wife, amid rising divorce rates in Kenya.
- A September 2025 ruling by Justice Helene Namisi of the High Court stated that maintenance must be explicitly requested and supported by evidence.
- The court overturned a lower court order requiring a husband to pay Ksh50,000 monthly maintenance to his former wife.
- For a spouse to qualify for maintenance, they must prove destitution through an Affidavit of Means, not merely financial strain, aligning with the principle of financial independence.
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