Fighting for Gender Equality: Matrimonial Property Division in Kenya's Legal Landscape Upon Marriage Dissolution

Abstract

In recent years, Kenya has witnessed significant advancements in its legal and policy framework promoting gender equality. The enactment of a new Constitution, which places a strong emphasis on equality, enhances protection against discrimination, and extends safeguards for vulnerable groups, marks a commendable step forward. Progress has been made in the past decade to ensure equality and uphold the rights of women within the institution of marriage, notably with the enactment of the Matrimonial Property Act of 2013 (the "MPA"). Notably, women in Kenya can now purchase, register, and inherit land from their parents. Despite these strides, gender disparities persist in the management and allocation of economic resources, particularly in cases of spousal death or divorce. This paper concentrates on the distribution of matrimonial property upon the dissolution of a marriage or divorce. Kenyan courts have, at times, arrived at conflicting conclusions regarding non-monetary support in both long- and short-term marriages. This leaves potential litigants, especially women, navigating the complexities of marital conflicts within the legal system without clear guidance on the significance of non-monetary contributions during divorce proceedings. The paper outlines the trajectory taken in the pursuit of gender equality concerning the division of matrimonial property upon divorce in Kenya.