The divorce process in Kenya refers to the legal steps involved in terminating a marriage within the country’s legal system.
The divorce process in Kenya refers to the legal steps involved in terminating a marriage within the country’s legal system.
A customary marriage is one of five forms of marriage formally recognized in Kenya under section 6(1) of the Marriage Act, 2014, alongside Christian, civil, Hindu and Islamic marriages.
Increasingly, foreign nationals live, work, invest, and marry in Kenya. Naturally, questions arise when such marriages break down: Can foreigners file for divorce in Kenya? What laws apply? What happens to children, property, and immigration status?
A suit for dissolution or annulment of a marriage is commenced by filing a petition. The petition can be drafted by an individual (if they do not have the finances to procure an advocate’s services) or a procured advocate.
In Kenya, marriage is defined as the union of a man and a woman under the Marriage Act, with no recognition of same-sex marriages.