Note: This article seeks to inform the public on family law and does not constitute legal advice. If in need of legal advice always contact a Lawyer.
So let us start by understanding the types of marriages:
Types of marriage in Kenya
Marriage in Kenya can be civil, customary or religious. Each type is legally recognized but comes with different expectations. Civil marriages are registered under the Marriage Act and give equal rights to both partners. Customary marriages follow traditional practices but need registration for full legal effect. Religious marriages are conducted under Christian, Islamic or other faith traditions. All types are valid and couples should know their rights and duties from the start.
How divorce happens in Kenya
Divorce depends on the kind of marriage. Civil and Christian marriages need proof of cruelty, desertion or adultery. Muslim divorces follow Islamic rules. Customary divorces usually happen through family meetings or local customs. When a divorce is granted the court shares property based on each person’s contribution. In the case of A N C v D J N [2021] eKLR decided by Judge Muchelule at the High Court on 15 July 2021, the court said that what matters is not whose name is on the title but what each person added to the property.
What happens to the children during separation
Child custody means deciding where the child lives and who makes decisions. The law in Kenya puts the best interest of the child first! The parent who can give a safe and stable home usually gets custody. The other parent still has the right to visit and help raise the child. In J O v S, A [2023] eKLR Justice Thande ruled on 28 February 2023 that both parents must take responsibility even if they are not together.
What single parents need to know
Single mothers have full rights to care for their children and ask for support from the father. Fathers who are not married to the mother still have parental responsibility unless the court decides otherwise. Both parents must support the child. In Z A v A B [2020] eKLR Justice Nyakundi ruled on 14 October 2020 that both parents must pay for school and health needs even if they do not live in the same home.
How to deal with domestic violence
Domestic violence is a serious issue. The law allows people facing harm or threats at home to get a court order for protection. This applies to spouses, children, workers or others living in the home. You do not need to wait for things to get worse. You can ask the court for help under the Protection Against Domestic Violence Act. In B W M v J M M [2022] eKLR Judge Odero granted a protection order on 9 June 2022 and explained that violence does not need to leave bruises to be real.
How to register a child’s birth
Registering a child at birth is easy and important. It helps the child get services like education and health care. You can do it at the hospital local chief’s office or online. Both parents can be listed on the birth certificate if they have the right documents even if they are not married.
What dowry means under the law
Dowry is a cultural practice but it does not make a marriage legal. It is common in customary unions and must be agreed upon with respect. If there is a dispute the courts can help. In P M M v J M M [2019] eKLR Judge Achode ruled on 4 April 2019 that not paying dowry does not cancel a marriage if it was properly done and registered.
Why knowing this helps everyone
Family law in Kenya helps people understand their rights and duties whether married or not. The law protects children and ensures fairness in families. You do not need legal training to understand these rights. You just need to stay informed and ask questions when unsure.
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