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February 22, 2026
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Explained: Why Divorce Does Not Guarantee a 50-50 Property Split in Kenya

Explained: Why Divorce Does Not Guarantee a 50-50 Property Split in Kenya

In a recent court ruling, the court explains what happens to property sharing after divorce and why equal sharing is not guaranteed...

✨ Key Highlights

A recent Court of Appeal ruling in Kenya has clarified that divorce property division will now be based on proven individual contributions rather than an automatic 50-50 split.

  • The court determined that assets acquired during marriage are not necessarily subject to equal division.
  • In a specific appeal, a husband challenged a High Court decision that had divided properties equally with his ex-wife.
  • The ruling emphasized that while marriage is a partnership, its legal division relies on demonstrable contributions, be it financial or otherwise, leading to a 60-40 split in favor of the husband in some cases based on greater financial input.

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