Navigating the Divorce Process in Kenya: Legal Process, Steps, and Delays
Divorce cases in Kenya often face delays in resolution because of the high caseload in courts, and a lack of cooperation among involved parties and their lawyers.
Divorce is an emotionally taxing and legally intricate process that signifies the end of a marriage.
The legal process for obtaining a divorce in Kenya is governed by the Marriage Act and the Matrimonial Causes Act.
Navigating these legal procedures is essential for anyone considering this significant life choice.
This article provides an overview of the steps to file for a divorce in Kenya, the reasons for divorce, and other key details.
Grounds for Divorce
According to Kenyan law, a marriage can be ended if it is demonstrated that the relationship has irreversibly broken down. The specific reasons for divorce are:
– Adultery: Evidence that one spouse engaged in voluntary sexual activity with someone other than their partner.
– Cruelty: Infliction of physical or emotional harm by one spouse on the other.
– Desertion: When one spouse has been absent without valid cause for a minimum of three years.
– Imprisonment: If a spouse is sentenced to life imprisonment or a term of seven years or more.
– Insanity: When one spouse suffers from a mental illness severe enough to justify prolonged confinement.
– Presumption of Death: If one spouse has been missing for seven years or more, and it is presumed they are deceased, the other spouse may file for divorce.
– Irretrievable Breakdown of Marriage: This includes evidence of the first four reasons or other evidence indicating the marriage cannot be saved.
The petitioner must prove their spouse’s fault with one of the specified grounds.
Filing for Divorce: Step-by-Step Process
1. Consult Legal Advice
Seek the help of a family law attorney who can provide personalized guidance, prepare necessary documentation, and represent you in court.
2. Submit the Divorce Petition
The process begins when one spouse (the petitioner) files a divorce petition with the High Court. The petition should contain:
- Full names and addresses of both spouses.
- Marriage details (date and place).
- Reasons for divorce.
- Information about children and custody arrangements, if any.
- Details of property division.
- Confirmation that the marriage cannot be reconciled.
3. Serve the Petition
After filing the petition, it must be formally served on the other spouse (the respondent), informing them of the divorce process and providing them an opportunity to respond.
4. Responding by the Respondent
The respondent has 30 days to respond to the petition. They can consent to the divorce terms, dispute the petition, or file a counter-petition.
5. Mediation and Hearing
If there are disagreements over divorce terms, especially related to children or property, mediation may be suggested for a resolution.
If mediation fails, the case proceeds to a hearing where both sides can argue their case.
6. Issuing of the Divorce Decree
If the court is convinced the grounds for divorce are met and all matters are resolved justly, it will issue a decree nisi, a provisional divorce decree. If no objections arise within six months, the decree becomes absolute, finalizing the divorce.
Why Divorce Cases Take Long
Although divorce cases should be resolved within two months based on the information provided, they often take much longer due to court congestion. Courts face a heavy workload, which limits their ability to efficiently resolve divorce cases.
Additionally, delays arise from uncooperative witnesses and poor coordination between parties and their legal representatives. Consequently, a divorce case can take up to two years to conclude.
Navigating the Divorce Process in Kenya: Legal Process, Steps, and Delays