This archive report was first published on 17 July 2019.
May 14, 2018, marked a significant day in Kenya's legal landscape as the High Court delivered a ruling on the division of matrimonial property. The court declared that a spouse is entitled to what they contributed to the marriage upon divorce.
Justice John Mativo, in his judgement, emphasized that the Constitution recognizes the equal worth and importance of parties in a marriage. However, this does not guarantee a 50-50 split of wealth for those who view marriage as a means to equal sharing.
The beneficial share of each spouse, according to the judge, depends on the parties' proven respective proportions of financial contributions towards the acquisition of the property.
The Federation of Women Lawyers (FIDA) had challenged the constitutionality of Section 7 of the Matrimonial Properties Act, alleging it was discriminatory.
Twitter users, including @TingweJunior and @ItsMutai, shared their opinions on the ruling, with some expressing support and others criticizing the decision.
