It is a sad day for Kenyans, says Fida

A women lawyers’ lobby has said it plans to appeal against the judgement that dismissed its application for equal division of matrimonial property upon divorce.

The Federation of Women Lawyers (Fida), which had made the application to repeal Section 45(3) of the Marriage Act that decrees that wealth is shared out based on a partner’s contribution, said it would challenge yesterday’s ruling by High Court Judge John Mativo upholding the Matrimonial Property Act.

“Fida Kenya’s legal team is reviewing this judgement with the intention of an appeal. Women’s gains made in the current Constitution must be upheld,” said Fida chairperson Josephine Mong’are through a Press statement.

The legislation upheld by Justice Mativo states that upon the dissolution of a marriage, couples should typically receive the amount of wealth they contributed to the matrimonial wealth.

This means divorcing couples will not get to share matrimonial property equally.

Following the ruling, Fida said it was a sad day for Kenyans.

“This has been a great fear for Fida Kenya that the country is being plunged back to the olden days when women were still treated unfairly as regards matrimonial property. Such obiter dictums cannot and should not be allowed to form precedents in Kenya,” said Ms Mong’are.

Fida said it was ironical and discriminatory that Justice Mativo was not in favour of Section 10 of the Act, which provides that divorcing couples share liabilities equally.

“The Matrimonial Property Act, as it is, has its limitations, and every year millions of women in Kenya find themselves fighting to hold on to their property after a divorce or death of their husbands,” Mong’are said.