Kenyan High Court Dismisses Cases Seeking 50-50 Sharing of Wealth by Divorced Couples
The High Court has dismissed a case seeking to have married couples share their wealth equally in an event of a divorce.
In a ruling on Monday, the court said that, upon separating, each couple will only be entitled to what they contributed during the union.
Fida-Kenya had filed a case before Justice John Mativo, seeking to have section 7 of the Marriage Act, which requires couples to get what they contribute upon divorce, declared unconstitutional. The organisation wanted the court to rule in favor of 50-50 sharing of wealth.
"A person cannot walk into a marriage and then walk out with more than what they deserve," Justice John Mativo ruled.
The Federation of Women Lawyers argued that the section violates Article 45 (3) of the Constitution, which states that parties to a marriage are entitled to equal rights at the start, during and at the dissolution of the union.
Fida further submitted that the law unfairly discriminate against women, arguing that the gender suffers most after divorce. However, the court dismissed claims that the law infringes on the right to property.
Justice Mativo further ruled that the section does not offend any sections of the Constitution.
"I find and hold the the petitioner does not qualify for any of the reliefs sought. in the circumstances I dismiss the petition," ruled Justice Mativo.
Comments
Perfect way of keeping good…
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Perfect way of keeping good diggers at bay! Way too many lazy spouses who don’t wanna work and just believe what is their husband’s / wife’s is automatically theirs! Garbage!
So a lady can marry a man…
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So a lady can marry a man with 20 acres then after 2 years of devorce get 10acres@.Hehehe n she never came with anything.Then she goes marry another man n get another 2/3 houses then divorce n move one.This bill is crap n am lucky it was thrown out.For those women who r gold diggers they should think big.
This is atough one.So before…
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This is atough one.So before marrying couples will have to declare what they are bringing into the marriage?Iguess less depreciation at the time of spliting the assets.
How much is a stay home lawyer mom worth after 40years of marriage?
My take is that the couple should decide themselves in advance how to share the assets in the event of split and have this contract legalized. This will only make the court enforce what the couple want.Yes iam aware things change in marriage,but that is the risk of enrolling into this institution.Couples should factor in this risk.
Is dowery refundable legally?Iwould hate to loose 100 cows,50goats and 70sheep after 3years of marriage.They should prorate what 3yrs of marriage is worth.But if the 3years ended in adeath,not murder no refund.My two cents...
@maxiley tell me u didn’t…
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@maxiley tell me u didn’t pay all that kwa dowry??
@mkenya halisi.Nope, I have…
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In reply to @maxiley tell me u didn’t… by Mkenya halisi (not verified)
@mkenya halisi.Nope, I have a friend who paid close to that in monetary terms. He is still married.I would certainly demand arefund if madam left me within 3years of marriage.
With the Kikuyu dowry is…
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In reply to @mkenya halisi.Nope, I have… by maxiley (not verified)
With the Kikuyu dowry is refundable in full regardless of the years spent together. So you divorce at 80 and get total dowry lol.
I think the court did not…
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I think the court did not apply wisdom and law properly in this case. A spouse should be entled to 50% of all ptoperty acquired during the marrige. As such, the court should have recognized different classes of marrital property: First, the seperate property consisting of all assets of a spouse acquired before marriage--this class should remain property of the spouse who owned it before marriage. Second, community property consisting of all assets acquired during the marriage--each spouse should be entitled to 50-50 regardless of their contribution in the marriage. Marriage is a parnership and partnership law states that absent an agreement to the contrary, Partners share profits equally. The husband and wife are partners in marriage. In most households, the husband goes to work and the wife stays home to take care of the children and home. As such, even though the stay home wife is not bringing a paycheck home, her full time job at home should entitle her to 50% of assets acqired during marriage. Therefore, the court did not apply wisdom or law in this case.
Haiiiiiiya whatvarecwe all…
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Haiiiiiiya whatvarecwe all talking about.😜😜😜😜
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