Kenya family law:Nullity of marriage

Petition for nullity of marriage.A husband or wife may present a petition to the court praying that his or her marriage may be declared null and void.

Grounds for decree of nullity .The following are the grounds on which a decree of nullity of marriage may be made -
(a) that either party was permanently impotent, or in capable of consummating the marriage, at the time of the marriage; or
(b) that the marriage had not been consummated owing to the willful refusal of the respondent to consummate the marriage; or
(c) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity; or
(d) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such previous husband or wife was then in force; or
(e) that the consent of either party to the marriage was obtained by force or fraud in any case in which the marriage might be annulled on this ground by the law of England; or
(f) that either party was at the time of the marriage of unsound mind or subject to recurrent fits of insanity or epilepsy; or
(g) that the respondent was at the time of the marriage suffering from venereal disease in a communicable form; or
(h) that the respondent was at the time of the marriage pregnant by some person other than the petitioner:
Provided that, in the cases specified in paragraphs (f), (g) and (h) of this subsection, the court shall not grant a decree unless it is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings were instituted within a year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds of decree.

Decree nisi for divorce or nullity of marriage.Every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months after the pronouncing thereof, unless the court by general or special order from time to time fixes a shorter time.

Remarriage of divorced person.As soon as any decree for divorce is made absolute, either of the parties to the marriage may, if there is no right of appeal against the decree absolute, marry again as if the prior marriage had been dissolved by death or, if there is such a right of appeal, may so marry again, if no appeal is presented against the decree, as soon as the time for appealing has expired or, if an appeal is so presented, as soon as the appeal has been dismissed.