divorce

With five forms of marriage from which to choose, couples in Kenya could find it easy enough to tie the knot. It might be a different story for some if they want an early divorce, however. That’s because those opting for a civil marriage must wait a minimum of three years before they may start divorce proceedings. Claiming this provision is unconstitutional, a Kenyan advocate has brought legal action to test the three-year limitation.

Two new judgments from the courts in Kenya and Zimbabwe underline changing judicial views about the role of women in building up a family home and the contribution that women, as wives and mothers, may be said, on divorce, to have made. One stresses with new urgency that women who work in the home should stand up for their rights and, at divorce, be prepared to give evidence in court about the significance of their contribution to the home.