Kenyan High Court Dismisses Cases Seeking 50-50 Sharing of Wealth by Divorced Couples

The High Court has dismissed a case seeking to have married couples share their wealth equally in an event of a divorce.

In a ruling on Monday, the court said that, upon separating, each couple will only be entitled to what they contributed during the union.

Fida-Kenya had filed a case before Justice John Mativo, seeking to have section 7 of the Marriage Act, which requires couples to get what they contribute upon divorce, declared unconstitutional. The organisation wanted the court to rule in favor of 50-50 sharing of wealth.

 "A person cannot walk into a marriage and then walk out with more than what they deserve," Justice John Mativo ruled.

The Federation of Women Lawyers argued that the section violates Article 45 (3) of the Constitution, which states that parties to a marriage are entitled to equal rights at the start, during and at the dissolution of the union.

Fida further submitted that the law unfairly discriminate against women, arguing that the gender suffers most after divorce. However, the court dismissed claims that the law infringes on the right to property.

Justice Mativo further ruled that the section does not offend any sections of the Constitution.

"I find and hold the the petitioner does not qualify for any of the reliefs sought. in the circumstances I dismiss the petition," ruled Justice Mativo.