Ex-spouses in Kenya have to prove divorce in property row

Justice Aggrey Mchelule (left) with Chief Registrar Anne Atieno Amadi at the Milimani courts during a court users’ committee open day. PHOTO: FIDELIS KABUNYI

KENYA: The High Court in Nairobi has ruled that separated spouses cannot divide their matrimonial property unless they are formally divorced.

The decision by two High Court judges said spouses who either have a pending divorce case or have separated and not sought a divorce, could seek to resolve the issue of entitlement to property and not to divide it.