This section tells you everything you need to know about divorce law in Kenya.To begin with,it is neccessary to note that one cannot ask for divorce from a court during first three years after marriage:Provided that a judge of the court may, upon application being made to him in accordance with rules made under this Act, allow a petition to be presented before three years have passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree nisi, do so subject to the condition that no application to make the decree absolute shall be made until after the expiration of three years from the date of the marriage, or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said three years upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.In determining any application for leave to present a petition before the expiration of three years from the date of the marriage, the judge shall have regard to the interests of any children of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said three years.
Grounds of petition for divorce.
A petition for divorce may be presented to the court either by the husband or the wife on the ground that the respondent -
(a) has since the celebration of the marriage committed adultery; or
(b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or
(c) has since the celebration of the marriage treated the petitioner with cruelty; or
(d) is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition, and by the wife on the ground that her husband has, since the celebration of the marriage, been guilty of rape, sodomy or bestiality.
Duty of court on presentation of a presentation of a petition for divorce.
(2) If the court is satisfied on the evidence that -
(a) the case for the petitioner has been proved; and
(b) where the ground of the petition is adultery, the petitioner has not in any manner been accessory to, or connived at, or condoned, the adultery, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty; and
(c) the petition is not presented or prosecuted in collusion with the respondent or either of the respondents,the court shall pronounce a decree of divorce, but if the court is not satisfied with respect to any of the aforesaid matters it shall dismiss the petition:
Provided that the court shall not be bound to pronounce a decree of divorce, and may dismiss the petition if it finds that the petitioner has during the marriage been guilty of adultery or if, in the opinion of the court, the petitioner has been guilty -
(i) of unreasonable delay in presenting or prosecuting the petition; or
(ii) of cruelty towards the other party to the marriage; or
(iii) where the ground of the petition is adultery or cruelty, of having without reasonable excuse deserted, or having without reasonable excuse willfully separated himself or herself from, the other party before the adultery or cruelty complained of; or
(iv) where the ground of the petition is adultery or unsoundness of mind or desertion, of such willful neglect or misconduct as has conduced to the adultery or unsoundness of mind or desertion.
(3) For the purposes of this section, adultery shall not be deemed to have been condoned unless conjugal cohabitation has been continued or subsequently resumed.