By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
sauce.co.kesauce.co.kesauce.co.ke
  • News
  • Grapevine
  • Politics
  • Security
  • Business
  • Technology
  • Media
  • Sports
  • Entertainment
Reading: Divorcing couples not entitled to 50pc of matrimonial property rules Supreme Court
Share
Notification Show More
Font ResizerAa
sauce.co.kesauce.co.ke
Font ResizerAa
  • News
  • Grapevine
  • Politics
  • Security
  • Business
  • Technology
  • Media
  • Sports
  • Entertainment
Search
  • News
  • Grapevine
  • Politics
  • Security
  • Business
  • Technology
  • Media
  • Sports
  • Entertainment
Have an existing account? Sign In
Follow US
  • Advertise
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
Home » News » Divorcing couples not entitled to 50pc of matrimonial property rules Supreme Court

Divorcing couples not entitled to 50pc of matrimonial property rules Supreme Court

Last updated: January 27, 2023 10:19 am
Jessicah Mwambia 4 years ago
Share
3 Min Read
SHARE

The Supreme Court has ruled that spouses are not automatically entitled to a 50/50 share of the matrimonial property during dissolution of a marriage.

In a landmark ruling that will henceforth be used as a law on how to split property in divorce cases by lower courts, the Supreme Court said that should a marriage end each partner should leave with the property that they acquired individually.

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 ruling said while Article 45 (3) of the Constitution deals with equality of the fundamental rights of spouses during the dissolution of a marriage, such equality does not mean the re-distribution of proprietary rights or an assumption that spouses are automatically entitled to a 50 percent share by fact of being married.

The court also said that each party must prove contribution to enable a court to determine the percentage available to him or her at distribution of matrimonial property and that the test to determine the extent of contribution is one on a case-to-case basis.

“What amounts to a fair and equitable legal formula for the reallocation of matrimonial property rights at dissolution of a marriage and whether the same can be achieved by a fixed means of apportionment at a 50:50 ratio should be done in light of the circumstances of each individual case,” the court explained.

The courts have been struggling on the question of whether spouses should split matrimonial property equally upon divorce, and the issue is also pending determination at the Supreme Court.

According to Kenya’s Matrimonial Property Act (2013), “ownership of matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.”

You Might Also Like

Murang’a Mother Recounts Two-Year Prison Ordeal After Boyfriend Allegedly Abandoned Her

Rally Driver Maxine Wahome Acquitted in Murder Case Over Death of Boyfriend Assad Khan

Morara Kebaso: Huge Political Crowds Do Not Automatically Mean Votes

Khalif Cairo Reflects on Public Scandal, Says It Taught Him Humility and Faith

Mystery Deepens After Kisumu Man Found Murdered With Chilling Message Written on Wall

Share This Article
Facebook Twitter Whatsapp Whatsapp Email
Previous Article Feuding co-wives ordered to bury their husband on boundary between their homes
Next Article Kamene Goro: Why I have left Kiss 100

Latest stories

  • Murang’a Mother Recounts Two-Year Prison Ordeal After Boyfriend Allegedly Abandoned Her
  • Rally Driver Maxine Wahome Acquitted in Murder Case Over Death of Boyfriend Assad Khan
  • Morara Kebaso: Huge Political Crowds Do Not Automatically Mean Votes
  • Khalif Cairo Reflects on Public Scandal, Says It Taught Him Humility and Faith
  • Mystery Deepens After Kisumu Man Found Murdered With Chilling Message Written on Wall
  • High Court to Hear Petition Challenging Loud Music in Matatus Ahead of 2027 Ruling
  • Sakaja Unveils Plan for Modern Grogon Garage
  • ODM Declares Deputy President Slot Non-Negotiable in Broad-Based Government Talks
  • Senator Cherargei Wants NCIC to Probe Gachagua Over Alleged Ethnic Profiling Remarks

You Might Also Like

High Court to Hear Petition Challenging Loud Music in Matatus Ahead of 2027 Ruling

1 day ago

Sakaja Unveils Plan for Modern Grogon Garage

1 day ago

ODM Declares Deputy President Slot Non-Negotiable in Broad-Based Government Talks

24 hours ago

Senator Cherargei Wants NCIC to Probe Gachagua Over Alleged Ethnic Profiling Remarks

1 day ago

Pages

  • About us
  • News
  • Privacy Policy
  • sauce.co.ke

Find Us on Socials

sauce.co.kesauce.co.ke
Follow US
All rights reserved. A publication of Mercury Communications KE