High Court of Kenya has ruled that spouses will share property after divorce based on the percentage of contribution during marriage.
FIDA has gone to court to contest a clause on the constitution that required spouses to share property based on percentage contribution, but the court dismissed the case, arguing that the constitution is clear and self-explanatory. However, FIDA was told to appeal if they wish to.
Here are the contested clauses:
|7.||Ownership of matrimonial property
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.
|8.||Property rights in polygamous marriages
|9.||Acquisition of interest in property by contribution
Where one spouse acquires property before or during the marriage and the property acquired during the marriage does not become matrimonial property, but the other spouse makes a contribution towards the improvement of the property, the spouse who makes a contribution acquires a beneficial interest in the property equal to the contribution made.
It is bad news for women who had hoped their cries would be heard. From now henceforth, each partner in a marriage should make their contributions for them to claim a portion in case of divorce.