Divorce in Kenya: How to File, What It Costs, and How Long It Takes

Divorce in Kenya is no longer the taboo it once was. With the change in social norms, financial pressures, and growing awareness of legal rights, more couples are turning to the courts to dissolve their marriages.

The Marriage Act of 2014 lays out the rules, including the grounds for divorce, how petitions are filed, and what happens to property and children after separation.

Courts recognize several reasons to dissolve a marriage, including adultery, cruelty, desertion, incurable insanity, imprisonment, and irretrievable breakdown of the union.

The Legal fees vary depending on whether a case is contested. An uncontested divorce can cost between Ksh50,000 and Ksh150,000, while contested cases may exceed Ksh 200,000.

Also Read: Step-by-Step Guide to a Civil Marriage Certificate in Kenya

Court filing fees are relatively low, about Ksh 10,000 to Ksh 20,000, but additional expenses for transport, documentation, and witnesses quickly add up.

Filing the Petition

The process begins with a divorce petition filed at the High Court or Magistrate’s Court.

The petition must outline the grounds for divorce and include supporting evidence such as marriage certificates, witness statements, or medical reports.

The respondent is then served and has 14 days to respond.

If the petition is uncontested, the case may proceed faster. The court issues a Decree Nisi, a provisional order, followed by a Decree Absolute after 30 days, which officially dissolves the marriage.

Requirements

A petitioner must prove the marriage is legally recognized, provide evidence of the grounds for divorce, and demonstrate jurisdiction, either by citizenship or domicile in Kenya.

A civil marriage must have lasted at least three years before a petition can be filed, though exceptions exist in severe cases.

Also Read: Click to Court: Guide to Filing a Case Through the Judiciary E-Portal

Separation allows spouses to live apart without dissolving the marriage, while divorce formally ends it, allowing remarriage.

Summary of Steps

1. Draft the Petition: Prepare a written petition stating the reasons (grounds) for divorce, marriage details, and arrangements for children (if any).
2. Gather Supporting Documents: Collect your marriage certificate, proof of the grounds (e.g., texts, medical reports), and an affidavit verifying your claim.
3. File the Petition in Court: Submit the petition at the High Court or Magistrate’s Court and pay filing fees (around KSh 10,000).
4. Serve the Respondent: The other spouse must officially receive the petition. They have 14 days to respond, either agreeing or contesting.
5. Registrar’s Certificate: If the case is ready, the registrar issues a certificate confirming that the matter can proceed to a hearing.
6. Court Hearing: Both sides present evidence. If uncontested, the case is faster; if contested, it may take months.
7. Decree Nisi Issued: The court issues a temporary order (Decree Nisi) showing the marriage is set for dissolution.
8. Decree Absolute Granted: After 30 days, the Decree Absolute is issued, officially ending the marriage and allowing remarriage.

Property and Custody

Property disputes are governed by the Matrimonial Property Act of 2013, which states fairness based on contributions rather than automatic equal division.

Child custody is determined by the best interests of the child, with joint custody favored unless one parent is deemed unfit.

Uncontested cases can take two to six months, while contested divorces may drag on for a year or longer.

Court delays, missing documents, and appeals often prolong proceedings.

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