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Divorce process in Kenya



The law allows couples in Kenya to divorce, but the process is long and tiresome. We are going to take you through steps to follow if you feel divorce is the only option remaining.

Before we provide the exact steps to follow during a court procedure, here are reasons why you should divorce:

(a) If a spouse commits adultery

(b)If a spouse is cruel to the other spouse or to any child of the marriage

(c) A spouse willfully neglects the other spouse for at least two years immediately preceding the date of presentation of the petition

(d)The spouses have been separated for at least two years, whether voluntary or by decree of the court, where it has

(e) A spouse has deserted the other spouse or at least three years immediately preceding the date of presentation of the petition

(f) A spouse has been sentenced to a term of imprisonment of the for life or for a term of seven years or more

(g) A spouse suffers from incurable insanity, where two doctors, at least one of whom is qualified or experienced in psychiatry, have certified that the insanity is incurable or that recovery is improbable during the life time of the respondent in the light of existing medical knowledge.

(h) Any other ground as the court may deem appropriate.

After having issues with your spouse based on one of the conditions stated above,take the next step.

Take a lawyer to handle your case

The most important step is to take a good lawyer to handle your case. As you know, divorce involves child upkeep, maintenance fees and matrimonial property division. This bitter process requires someone who can handle your spouse and lead to property sharing.

The lawyer will launch a case in court.

Court process

The court process normally takes at least three years. Once your lawyer launches a court case, you will be given at most six months to determine whether you will divorce or not. During this process, you are advised to go to a counselor or village elders, who will try to reconcile you.

After six months have elapsed, you will be required to be in court for full hearing. This is the period where serious issues regarding property division and child upkeep will arise.

The court will hear both parties and make a ruling.

After the dissolution of marriage, each party will be guided on what to do, and the lawyers will pocket their money. Sometimes DNA test is required, title deed will also be required and also evidence of ownership of various properties.