What are the grounds of divorce in Kenya?

Kenyan law does not allow divorce by consent of the married couple. The matrimonial Causes Act only allows the dissolution of a marriage on four grounds, namely Adultery Desertion: The law provides that a marriage may only be dissolved on the ground of desertion if the petitioner has been deserted without cause for a period of at least three years Cruelty Where one party is of incurably unsound mind A person seeking a divorce on any of these grounds must prove the same before a court of law. This involves testifying during the hearing of the petition for divorce.

The law further stipulates that no decree for divorce shall be made unless the petitioner is domiciled in Kenya at the time when the petition is presented. The petitioner must, therefore, be living in Kenya to institute and finalise the divorce proceedings Kenyan law does not allow divorce by consent of the married couple. The matrimonial Causes Act only allows the dissolution of a marriage on four grounds, namely Adultery Desertion: The law provides that a marriage may only be dissolved on the ground of desertion if the petitioner has been deserted without cause for a period of at least three years Cruelty Where one party is of incurably unsound mind A person seeking a divorce on any of these grounds must prove the same before a court of law.

This involves testifying during the hearing of the petition for divorce. The law further stipulates that no decree for divorce shall be made unless the petitioner is domiciled in Kenya at the time when the petition is presented. The petitioner must, therefore, be living in Kenya to institute and finalise the divorce proceedings.

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