Lazy Kenyan women who have always used marriages as away to enrich themselves are now in trouble after The High Court of Kenya on Monday, May 14, threw out a petition seeking to have spouses share matrimonial property on a 50/50 basis in the event of a divorce.
The judge argued it would not be reasonable for an individual to enter into a marriage empty handed, contribute nothing and then walk out of the marriage with half of the family's wealth.
FIDA had argued that the provision promotes inequality between spouses and indirectly discriminates against women.
The ruling presents a legal setback to FIDA who sought the removal of section 45 (3) of the marriage and Property Act to allow spouses to share wealth on a 50-50 basis regardless of their contribution.
"The bigger the contribution by a partner in a relationship, the bigger the entitlement upon divorce", Justice Mativo said.
But Justice Mativo noted that the drafters of the Act were conscious of this and included in the law a clear definition of non-monetary contributions.
High court judge John Mativo stated that the division of property does not mean equality even to those who did not contribute to its acquisition.
Justice Mativo further ruled that the section does not offend any sections of the Constitution.
The court said that the issue was "a family affair".
The argument by Fida that the Bill was passed amid protest in Parliament was also rejected by the court, saying it was subjected to a vote as required and it sailed through after the majority voted in its favour.
However, the court dismissed claims that the law infringes on the right to property.
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