Are you searching for grounds for divorce in Kenya or wondering whether you can legally end your marriage? Under the Marriage Act, 2014, the law allows divorce in Kenya under specific circumstances depending on the type of marriage—Civil, Christian, Customary, Hindu, or Islamic. This guide explains the legal reasons for divorce in Kenya, including what the court considers exceptional depravity and irretrievable breakdown of marriage. If you intend to file for divorce in Kenya, this article will help you understand the divorce process and your legal rights.
Grounds for Divorce in Kenya – Christian Marriage (Part III)
A Christian marriage may be dissolved on: Adultery; Cruelty; Desertion for 3+ years; Exceptional depravity; Irretrievable breakdown of marriage.
Grounds for Divorce – Civil Marriage (Part IV)
A civil marriage may be dissolved on: Adultery; Cruelty; Exceptional depravity; Desertion (3 years); Irretrievable breakdown. Note – Divorce before 3 years is allowed under Rule 4 of the Marriage (Matrimonial Proceedings) Rules, 2020 by seeking leave of the court using Originating Summons (Form MA15) and proving exceptional hardship or depravity.
Grounds for Divorce – Customary Marriage (Part V)
A customary marriage may be dissolved on: Adultery; Cruelty; Desertion; Exceptional depravity; Irretrievable breakdown; Any valid ground under customary law.
Grounds for Divorce – Hindu Marriage (Part VI)
A Hindu marriage may be dissolved on: Irretrievable breakdown; Desertion (3 years); Conversion of religion; Adultery; Cruelty; Rape, sodomy, or bestiality; Exceptional depravity.
Grounds for Divorce – Islamic Marriage (Part VII)
Handled by Kadhi Courts under Sharia law. Grounds include: Talaq, Khul’, Faskh; Adultery; Cruelty; Desertion; Failure to provide maintenance; Irretrievable breakdown.
What is Exceptional Depravity?
Exceptional depravity refers to extreme immoral behaviour such as severe violence, criminal conduct, drug abuse, sexual perversion, child abuse, or inhumane treatment that makes it unbearable to continue with the marriage.
What is Irretrievable Breakdown of Marriage?
A marriage has irretrievably broken down if there is adultery, persistent cruelty, separation for 2+ years, desertion for 3 years, imprisonment for 7+ years, incurable insanity, or total loss of trust and compatibility.
Frequently Asked Questions (FAQs)
- How long does divorce take in Kenya? – Between 3 to 6 months depending on the speed of the judicial officer.
- Can I divorce before 3 years in a civil marriage? – Yes, with court leave using Form MA15.
- Is adultery enough ground for divorce? – Yes, if proven.
- What about child custody? – The Children Court considers the best interests of the child.
- Is property divided during divorce? – No, under the Matrimonial Property Act, 2013, matrimonial property can only be shared after divorce.
Conclusion – Need a Divorce Lawyer in Kenya?
Divorce is both emotional and legal. Whether you need help filing for divorce, securing child custody, or protecting your property rights, our experienced divorce and family lawyers in Kenya can help.