The law barring couples from divorce within 3 years was declared unconstitutional
The Court of Appeal at Malindi in the case of National Assembly of Kenya v Kina & another (Civil Appeal 166 of 2019) [2022] KECA 548 (KLR), has upheld the decision of the High Court that declared section 66(1) of the Marriage Act of 2014 unconstitutional. The Bench comprising SG Kairu, P Nyamweya, and JW Lessit, JJA, held that the provision was disproportionate in cases where divorce in a civil law marriage may be necessary and justified before the three-year limitation.
The court however suspended the effect of the declaration of unconstitutionality for a period of three years from 10th June 2022, to enable Parliament to make the necessary amendments to the Marriage Act. The Judges held that Regulation 4 of the Marriage (Matrimonial Proceedings Rules) 2020 may in the meantime provide interim relief. They further said that the said provision requires to be anchored in the statute.
The decision is welcome by the majority of Kenyans because the section was unfavorable to abusive and toxic marriages.
