In recent years, Kenya has witnessed a series of high-profile divorces that have captivated public attention. Notably, in 2024, rapper King Kaka and his wife, Nana Owiti, announced the end of their 13-year marriage, reflecting on their shared memories and family in a heartfelt joint statement. Similarly, content creators Tileh Pacbro and Martina Glez mutually agreed to part ways in May 2024 due to irreconcilable differences. These publicized separations highlight a broader trend of marital instability within the country. Several other renowned couples in and out of marriage also announced their breakups/divorces.
Statistical data sheds light on the prevalence of divorce and separation in Kenya. According to a 2022 report, 1.4% of women aged 15 to 49 were divorced, compared to 1% of men in the same age group. The likelihood of separation appears to increase with age; 5.4% of women aged 20 to 24 were separated, rising to 11.6% among women aged 45 to 49. Conversely, 2.6% of men aged 20 to 24 were separated, with this figure increasing to 4.3% for those aged 45 to 49.
Several factors contribute to the dissolution of marriages in Kenya. A study analyzing divorce cases from 2014 to 2023 identified prominent reasons for marital breakdowns, including infidelity, financial disputes and lack of communication. Additionally, marrying at a young age, disparities in educational levels and differing desires regarding children have been linked to higher divorce rates. For instance, couples where the wife desires more children than the husband are more prone to separation.
The Marriage Act 2014 defines marriage as “a voluntary union of a man and a woman whether in a monogamous or polygamous union and registered under this Act” and to end this marriage, the divorcing couple has to prove and satisfy the Court that there is need for the marriage to come to an end.
According to Cap 152 (8), the grounds for divorce can only be:
- The respondent (the party against whom the divorce petition has been filed) has since the celebration of the marriage committed adultery.
- The respondent has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition.
- The respondent has since the celebration of the marriage treated the petitioner with cruelty.
- The respondent is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition.
- And by the wife on the ground that her husband has, since the celebration of the marriage, been guilty of rape, sodomy or bestiality.
“For the purposes of subsection (1) of this section (the above reasons), a person of unsound mind shall be deemed to be under care and treatment while he is detained, whether in Kenya or elsewhere, in an institution duly recognized by the Government as an institution for the care and treatment of insane persons, lunatics or mental defectives, or is detained as a criminal lunatic under any law for the time being in force in Kenya; and a certificate under the hand of the Minister that any place is a duly recognized institution for the purpose of this section shall be receivable in all courts as conclusive evidence of that fact,” explained the Marriage Act.
However, even with the above reasons, the Kenyan courts require that a divorcing couple meets certain timeline requirements including not presenting a divorce petition to the court unless they have been married for more than three years, unless, “the Judge shall have regard to the interests of any children of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said three years.”
If the Court is satisfied with evidence that the petitioner has provided and that there is no collusion with the respondent, then a divorce decree is issued. If it is not satisfied, the divorce petition would then be dismissed.
