Kenya Court Rejects Proposal for No-Fault Divorce
High Court rules against mutual consent divorce, citing need for stronger family support systems.
Nairobi, Kenya – A Kenyan High Court has dismissed a petition seeking to allow couples to divorce by mutual consent, maintaining the country’s stance on fault-based divorce.
Justice Lawrence Mugambi ruled that the proposed amendment to the Marriage Act, which would have permitted couples to dissolve their marriages amicably without assigning blame, lacks sufficient legal and policy framework to support such a significant shift.
The petition, filed by a consortium of lawyers and consultants, argued that the current fault-based divorce system is adversarial, costly, and emotionally taxing for couples and their families. They contended that allowing mutual consent divorces would provide a more dignified and less traumatic alternative.
However, Justice Mugambi emphasized the importance of preserving the sanctity of marriage and the need for comprehensive mechanisms to support families through disputes. He stated that introducing no-fault divorce without adequate safeguards could undermine the institution of marriage.
This decision aligns with Attorney General Justin Muturi’s earlier rejection of the Marriage Amendment Bill 2023, which sought to introduce mutual consent divorce. Muturi argued that existing divorce proceedings are already efficient and that alternative dispute resolution methods should be strengthened instead.
While the court’s ruling maintains the status quo, it has sparked renewed debate among legal experts and the public. Advocates for reform argue that the current system often exacerbates conflict and prolongs the divorce process, causing unnecessary harm to all parties involved.
As Kenya continues to grapple with balancing traditional values and evolving societal norms, the conversation around divorce laws remains a contentious and deeply personal issue for many.
