Supreme Court: Sharing of matrimonial property should be pegged on individual's contribution to the marriage

Supreme Court judges Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung'u and Isaac Lenaola. [File, Standard]

The Supreme Court of Kenya on Friday, January 27 ruled that in divorce cases, each partner should leave the marriage with property equivalent to their individual contribution in the union.

The court said spouses are thus not automatically entitled to half of matrimonial property upon split.

The petition at the apex court arose from a divorce dispute between Joseph Ombogi Ogentoto and his ex-wife Martha Bosibori.

Ogentoto took the matter to the Supreme Court after the Court of Appeal ordered that the house in which he had lived with his ex-wife of 18 years and the rental units be shared equally between them on a 50:50 ratio.

The Friday Supreme Court decision will, moving forward, act as the guidelines for distribution of matrimonial property between divorced spouses.