The Kenyan Parliament is poised to address the modern dynamics of marital dissolution through an innovative amendment to the Marriage Act, 2014.

The proposed "Marriage (Amendment) Act, 2023" seeks to introduce provisions enabling couples to dissolve their unions by mutual consent.

While yet to be enacted, this progressive step could reshape the country's approach to divorce proceedings.To address the evolving dynamics of marital dissolution and provide a more dignified approach to divorce

The proposed amendment, which is currently at the bill stage as gazetted, reflects a proactive response by the Kenyan Parliament to the changing landscape of relationships.

If approved, this amendment could set a precedent for how divorce is approached and managed in Kenya.

Read More

  1. Revenue gaps, rising debt force treasury to trim 2024/25 budget by Sh267.5 billion
  2. State promises Kenyan coffee farmers better returns under fresh reforms
  3. Boda-boda operators demand inclusion in probe into BNPL lending practices

One of the key provisions of the proposed amendment is the inclusion of a new definition, "mutual separation," which refers to an agreement between spouses to live separately as husband and wife, regardless of their physical living arrangements.

In addition to defining "mutual separation," the amendment introduces a new section, 75A, to the Marriage Act, which allows parties to a marriage celebrated under certain parts of the Act to jointly petition the court for a decree of divorce by mutual consent.

The grounds for seeking this type of divorce include the marriage having irretrievably broken down, mutual separation for at least one year preceding the petition, and a mutual agreement to dissolve the marriage.

The court may grant a decree of divorce by mutual consent if certain conditions are met, including the presentation of the petition at least one year after the celebration of the marriage, joint presentation of the petition by both parties, written consent to the divorce from both parties, and their physical presence during the hearing of the petition.

However, the proposed amendment also includes safeguards to prevent potential misuse.

Parties to the divorce may nullify a decree if it is determined that consent was obtained through coercion, fraud, or undue influence.

The innocent party would be entitled to damages if a decree is nullified under these circumstances.

While the proposed amendment is still awaiting approval by the National Assembly, it has garnered attention for its potential to revolutionize the process of divorce in Kenya.

If passed, the amendment could pave the way for a more amicable and respectful approach to ending marriages, emphasizing mutual consent and understanding.

As the National Assembly reviews and deliberates on this significant amendment, legal experts and social commentators are keenly observing the potential implications for the future of marriage and divorce in Kenya.