Section 45(3) of the Kenya Constitution 2010 states and I quote “Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage”.
Interpreting this to mean that
parties to a marriage are entitled to equal share of the property acquired during the duration of the union, the Federation of Women Lawyers in Kenya would like the clause used to modify Section 7
of the Matrimonial Properties Act 2013
Subject to section 6(3), ownership of matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.
This is the clause FIDA wants changed to read:
Ownership of matrimonial property vests in the spouses on a 50/50 basis and shall be divided on a 50/50 basis between the spouses if they divorce or their marriage is otherwise dissolved.
But looking at Section 2 of the Matrimonial Properties act the word contribution as used in this act is defined thus:
“contribution” means monetary and non-monetary contribution and includes—
(a) domestic work and management of the matrimonial home;
(b) child care;
(d) management of family business or property; and
(e) farm work;
FIDA went to court and after a lengthy litigation, the case was dismissed and the Matrimonial Properties act upheld as currently written.