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Lawyer: Sleeping in separate bedrooms could lead to divorce

 

Divorce rates  in Kenya are growing at an alarming rate, according to Bessie Dorcas, a family lawyer  based in Nairobi.

“I handle cases mostly at Milimani in Nairobi, and from the trend, cases of divorce are slightly growing,” said Owiti.

According to the African Studies Center, approximately 70 per cent of Kenyans are Christians with more than 4,000 registered churches.

Data by the Kenya National Bureau of Statistics (KNBS), dated 2020, shows increased cases of marriage dissolution in Kenya over  the past five years.

In 2015, there was at least 10.5 percent divorce rate among married people, a number that significantly rose to 17.7 per cent in 2020.

In Kenya, grounds for divorce are highlighted in the Marriage Act and include; cruelty, adultery, separation and incapacity. Individuals seeking divorce are required by  law to list at least two grounds of separation, but even one can be cited, depending on its circumstances, explained the lawyer.

“The first step in seeking for divorce is to file a petition for divorce in court. The case is petitioned with accompanying documents including a list of documents and list of witnesses to use, including a statement,” she said.

However, before filing a divorce case, parties are asked if they have children and property, cases that are then handled in separate courts, but can as well be handled concurrently, she explains.

Cases of divorce are filed at the chief magistrate court, and if children’s matter will be provided in specialised court provided under the Act, in the children’s court.

If the cases are of division of matrimonial property, they are filed under the high court, as chief magistrate court does not have powers to divide matrimonial property.

“If any party asks for divorce, with tangible grounds, the chief magistrate will give orders to solve marriage. And if they want to file for division of property, they will go to high court. Parties with children have to discuss maintenance custody, handled at the Specialised/Children court,” said Owiti.

She added, “If a couple has children, and property, divorce matters in blanket, but there shall be three different courts, handling the same matter, but reaching the same parties.”

All grounds for dissolving marriage, and granting divorces, are regulated under the Marriage Act.

She said, “For example, if one of the couple feels his or her partner is cruel, they can move to court and file a case under cruelty, or if they feel their partner has committed adultery, they can move to court and file the case under adultery.

If I feel like you have separated with me for a while, or lived in different rooms, I can move to court under separation, and have our marriage solved. It all depends on a fact to fact basis,” she explained.

Also, if any of the parties feel their partner was married to someone else, they can have their way in their marriage solved under the stipulated act.