Kenyan Government ends 50% property share for couples after a divorce

The Supreme Court of Kenya has ruled that spouses are not entitled to a 50/50 share of matrimonial assets or property after divorce.

Following the landmark ruling given by the five-man Supreme Court judges, couples are no longer automatically entitled to a 50 per cent share of property in case of a divorce.

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The judges said spouses would have to prove their contribution to the matrimonial property amassed before sharing in the event of a divorce. This is opposed to the controversial traditional assumption that one was entitled to a 50 per cent share.

The Court also stated that while Article 45(3) of the Constitution deals with equality of the fundamental rights of spouses during the dissolution of a marriage, such equality does not mean the re-distribution of proprietary rights or an assumption that spouses are automatically entitled to a 50 percent share by fact of being married.