The divorce process in Kenya, step by step

Divorce in Kenya is governed by the Marriage Act, 2014, with different provisions depending on the type of marriage. It is a court process — a marriage cannot be ended by agreement alone.

Grounds for divorce

For Christian, civil and Hindu marriages, the main grounds are:

• adultery,
• cruelty (physical or mental),
• exceptional depravity,
• desertion for at least three years, and
• irretrievable breakdown of the marriage.

Customary marriages can be dissolved on similar grounds, and the court may consider customary conciliation. Islamic marriages are dissolved under Islamic law, usually before the Kadhi’s court.

Timing

For some marriage types, a petition cannot be filed until three years after the marriage, except in exceptional circumstances. Check the provision that applies to your marriage before filing.

The process

1. Petition — filed in the magistrates’ court or High Court, setting out the grounds.
2. Service — the other spouse is served and may file an answer or cross-petition.
3. Hearing — evidence is taken; uncontested petitions move faster.
4. Decree nisi — the provisional decree.
5. Decree absolute — issued after the waiting period, finally ending the marriage.

Children and property

Custody and maintenance are decided on the child’s best interests, often in the same or a parallel cause. Matrimonial property is divided under the Matrimonial Property Act according to contribution.

Consider mediation

Court-annexed mediation can resolve children and property issues faster and at lower cost, even when the divorce itself proceeds.

This article is general information, not legal advice on your situation.

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• Family lawyers in Kenya
• Divorce and separation
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