High Court has declared that the concept of alimony is no longer legal in the country. The court stated that alimony goes against the principle of equality between men and women.
Marriage is Based on Equal Rights
The judge made this decision based on Article 45 of the Constitution. This article states that both parties in a marriage have equal rights when they get married, during the marriage, and if the marriage ends. The court found that ordering one spouse to pay regular support to the other after a divorce conflict with this fundamental right to equality.
Dowry Can Be Ordered Returned
In the same divorce case, the court also addressed the issue of dowry. The ruling stated that a court can order a wife to return the dowry to the husband. This applies where the dowry was originally paid by the husband to the wife’s parents.
Other Key Points from the Ruling
The judgment also clarified the roles of different courts. It stated that a divorce court does not have the power to make final decisions on matters concerning children from the marriage. Such issues must be handled by the specialized Children’s Court.
Additionally, the court noted that it can proceed to make a judgment even if one party fails to file their legal arguments despite several reminders.
This landmark decision redefines financial responsibilities after divorce in Kenya, moving away from traditional support orders and firmly basing the law on constitutional equality.
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