This archive report was first published on 19 October 2019.
Circumstances Under Which Divorce Is Allowed In Kenya ¶
According to the Marriage Act of 2014, divorce is allowed in Kenya under specific circumstances. The Act provides a framework for couples to seek divorce in cases where their marriage has broken down irretrievably.
Some of the circumstances under which divorce is allowed in Kenya include:
- Adultery: If one spouse is found to be adulterous, the other spouse may seek divorce.
- Cruelty: If one spouse is cruel to their partner or to any of their children in the marriage, the other spouse may seek divorce.
- Intentional neglect: If one spouse intentionally neglects the other for at least two years immediately preceding the date of presentation of the petition, the other spouse may seek divorce.
- Separation: If a couple has been separated voluntarily or by court order for two years, they may seek divorce.
- Imprisonment: If one spouse is sentenced to life imprisonment or for a term of more than seven years, the other spouse may seek divorce.
- Insanity: If one of the partners in marriage suffers from an incurable form of insanity and it is proved by two physicians that they cannot be cured during their lifetime using the existing medical knowledge, the other spouse may seek divorce.
- Other grounds: The court may also grant divorce on other grounds as it deems fit.
It's worth noting that the Marriage Act of 2014 provides a comprehensive framework for divorce in Kenya, and couples seeking divorce must meet the specific requirements outlined in the Act.
Published on October 19, 2019, at 9:13 PM EAT.
