Understanding Divorce Laws in Kenya: Grounds, Procedures, and Legal Implications

Under Kenyan law, divorce can be granted based on specific grounds. These include cruelty (physical or emotional), adultery, extreme depravity, desertion, separation for more than two years, and irretrievable breakdown of the marriage. Ensure your situation aligns with one of these grounds before proceeding.

Engage a qualified advocate to assist with the divorce process. The advocate will draft a petition outlining your grounds for divorce, accompanied by a statement and supporting evidence such as proof of cruelty or adultery.

Submit the petition and accompanying documents to the court. Once filed, obtain a notice to appear and serve it to your spouse. Your spouse has 15 working days to respond. If they fail to respond, the divorce may proceed as uncontested.

If your spouse contests the divorce, the case will proceed to trial. Present your evidence and arguments during the hearing. The court will then decide whether to grant a decree nisi, which is a provisional divorce order.

After the decree nisi is issued, wait for 30 days to receive a decree absolute. This document legally dissolves the marriage, allowing both parties to remarry if they choose.

The divorce court does not handle child-related issues. If you have children, file a separate case in the children’s court to determine custody, maintenance, and other matters in the best interests of the child.

If you were in a monogamous marriage (e.g., Christian or civil), you cannot enter into another marriage until the previous one is legally dissolved. For polygamous marriages (e.g., customary or Islamic), additional marriages may be permitted under specific conditions.