This Blog Seeks to Guide Kenyans on The Process of Divorce in Kenya.
Dissolving the Union: A Guide to Legal Divorce in Kenya
Understanding the Process
In Kenya, divorce is the legal process of terminating a marriage or marital union after prolonged disputes between the married parties. The Marriage Act, 2014 recognizes five types of marriages:
- Civil Marriages
- Christian Marriages
- Hindu Marriages
- Customary Marriages
- Islamic Marriages
Grounds for Divorce
Several grounds can lead to the dissolution of a marriage:
- Adultery: One or more acts of adultery committed by the other party.
- Cruelty: Mental or physical cruelty inflicted by the other party on the petitioner or the children.
- Desertion: Either party has deserted the other for at least three years.
- Exceptional Depravity: Conduct by either party that demonstrates exceptional depravity.
- Irretrievable Breakdown: When the marriage is beyond repair.
These grounds apply to both Civil and Customary marriages. For Hindu marriages, dissolution can occur if the other party has converted to another religion. For Islamic marriages, the marriage dissolution process is purely carried out by the Islamic laws interpreted by the Kadhis court.
The Divorce Process
-
Filing the Petition:
- A divorce petition is filed by one of the partners or through a lawyer at the High Court.
- The petition specifies the grounds for divorce and is accompanied by supporting documents which include; a verifying affidavit, a list of evidence and witness statements.
-
Notice to Appear:
- The petitioner sends a notice to the other partner (the respondent).
- The respondent informs the court if they will contest the divorce or not.
- If uncontested, the court declares the petition uncontested.
-
Response from the Respondent:
- If contested, the respondent has 15 days to respond to the petition.
- The response is served upon the petitioner.
-
Certificate and Oral Hearing:
- Obtain a certificate from the registrar certifying that the petition can proceed to the hearing stage.
- The petition is set for oral hearing.
- During the hearing, evidence is presented, including testimonies from witnesses.
- Dissolution of the marriage
- If after the hearing process the court finds the grounds for the divorce process appropriate then the court will go ahead to issue an order dissolving the marriage. The court might give further directions regarding the divorce like the custody of children if any are involved and the sharing of marital property. If either of the parties is dissatisfied with the directions the court has given specifically on these issues they can appeal the decision in a higher court.
Conclusion
The Kenyan divorce process is straightforward but it requires diligence and understanding. From filing the petition to the final decree, the process typically takes a maximum of 2 months12. However, before embarking on this process you need to understand that divorce is a very complex and significant process and therefore seeking legal advice is very crucial to its success.
