The Court of Appeal has ruled that no spouse is entitled to half of property in case of divorce dealing a major blow to married couples. – By Enock Mukoma.
The ruling, overrides the determination of a lower court, that did set precedence for cases involving the sharing of property in divorce matters.
Three Court of Appeal judges Patrick Kiage, Hanna Okwengu and Sankale ole kantai ruled that equality of spouses does not involve the re-distribution of property rights at the dissolution of marriage
They faulted a ruling in a high court by justice William Musyoki awarded a woman 50% of the family property in Kenya.
The judges sited Article 45 (3) of the constitution did not expressly give spouses equal share to the matrimonial property upon the dissolution of a marriage.
“The stated equality means the courts have to ensure divorced couples get their fair share of the property in case there is a dissolution of marriage. This has to be in accordance with their respective contribution. It does not involve denying a party their due share by giving such party more than he or she contributed, “the judgment reads.
The judges further directed the case back to the Family Division to be heard afresh by another judge.
A woman identified as BMM filed the case in 2013, she demanded a share of properties from her ex-husband EGM whom she had been married to for 13 years since 2001.
The woman demonstrated to the court her direct and indirect involment in the acquisition of the wealth. She claimed that they lived in the UK for 10 years where she supported her spouse as he got a new job adding that during her stay she got a job and paid school fees for the children.
Her earning, she stated, enabled EGM to save and acquire properties in both Kenya and the UK.
In response, EGM claimed that he bought the properties without BBM’s financial input.
High Court Judge William Musyoki had ruled that there was equal contribution by both parties.
