Factor indirect contribution to secure women’s right in case of divorce

It is said that marriage is one's personal choice and a voluntary union of a woman and a man whether in a monogamous or polygamous union, so long as it is registered under the provisions of the Marriage Act, No. 4 of 2014.

The Marriage Act and the constitution of Kenya 2010 Article 45(3) give parties married to each other equal rights and obligations at the time of the marriage, during the marriage, and at the dissolution of the marriage, however, these equal rights and obligations are waived on the division of the matrimonial property; Why the need to depart from the equality principle and confer ownership of matrimonial property in consideration of the contribution of either spouse towards its acquisition? Why not expressly equate equality to mean 50:50?