This archive report was first published on 27 September 2019.
On September 27, 2019, a significant milestone was achieved in Kenya's marriage laws. Justice Reuben Nyakundi declared section 66 (1) of the Marriage Act unconstitutional, effectively lifting the three-year limit for couples in civil unions to file for divorce.
According to the judge, the three-year limitation had the effect of forcing parties to remain in a situation they no longer wished to be part of. This ruling is a major victory for couples who opt for the civil process, which has gained popularity in recent years.
Lawyer Tukero ole Kina filed the case, arguing that those married under Christian, Muslim, and Hindu religions had no three-year limitation. The judge further faulted the lawmakers for not carrying out public participation before passing the law, which he claimed was an affront to human dignity.
With this ruling, couples in civil unions can now file for divorce at any time, without the three-year restriction. This is a significant step towards recognizing the importance of individual freedom and choice in marriage.
As more Kenyans opt for the civil process, this ruling provides a much-needed relief for those who may be stuck in unhappy marriages. The court's decision is a testament to the evolving nature of marriage laws in Kenya, which are now more inclusive and flexible.
