This archive report was first published on 27 September 2019.
On September 27, 2019, Justice Reuben Nyakundi made a landmark ruling in a case filed by lawyer Tukero ole Kina, declaring section 66 (1) of the Marriage Act unconstitutional.
The section had imposed a three-year limitation on couples in civil unions from filing for divorce, a restriction that Justice Nyakundi deemed an affront to human dignity.
According to the judge, marriage is a union of willing partners, and they should be free to leave at any time if they feel discontented.
Justice Nyakundi argued that the limitation was unconstitutional, as it forced couples to stay in a failed marriage for three years, akin to slavery.
The judge also questioned the reasoning behind the three-year limitation, stating that there was no explanation why it was not imposed on other types of marriages, such as Christian, Muslim, Hindu, and traditional marriages.
With this ruling, couples in civil unions are now free to divorce at any time, a decision that is expected to have significant implications for marriage laws in Kenya.
