Social media has been awash with stories of Amos Rono and his would-be wife Nelly Chepkoech after reports of their botched wedding broke. Some even brough up the issue of demanding dowry refund.
Several versions of the story emerged including one insinuating that Nelly missed the wedding after asking for more time to complete her makeup.
Eventually, however, Amos decided to move on and close the chapter of their planned wedding after giving an account of what transpired.
Nonetheless, amid the different stories shared, a question about whether a partner can seek a refund of his dowry in such a turn of events.
To answer the question, The Kenya Times sought insights from Mwaura Muroki, an expert in legal matters.
According to Mwaura Muroki, it is possible to claim back dowry.
Muroki stated that paying dowry is usually accompanied by a promise where both parties reach an agreement to enter into a marriage.
Once such a promise is broken, he added, it amounts to a breach of the promise which a court could consider in granting an application for dowry refund.
“Yes, in a nutshell a man can claim back dowry upon the falling out of a couple,” Muroki noted.
“You see, by the time a man is paying dowry, there is a promise to marry the woman and the same equally accepted. That said reasons vary as to disagreements including infidelity, betrayal of trust etc,” he added.
According to Muroki, some of the considerations the court looks at in deciding whether an application for a refund is justified include the value of price given to the bride’s family and the form of the dowry.
Considerations Courts Make in Determining Dowry Refund
In addition, a court considers the reason for breach of the marriage promise and the time that has passed since dowry was offered.
“Some of the considerations the court looks at is the amount in value of dowry given to the bride’s family, reason for breach of promise to accept marriage, the time that has passed since dowry was offered and the form of the dowry,” Muroki told The Kenya Times.
But cases of disgruntled marriage partners seeking dowry refund as a redress are not new.
In history, there are several judges pronounced themselves in ruling on refund cases brought to courts.
For instance, in 2015, a judge in a Kisii Court ordered a woman to refund Ksh205,000 which was part payment of the bride price paid by her husband.
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Her husband, a teacher, had filed a case in court accusing her of cheating hence, breaching loyalty.
Besides the dowry, the man also claimed the money he had paid as school fees for the woman’s college education.
Similarly, in another case, a woman’s father was ordered to pay back Ksh 130,000- the value of two cows and cash given to him as dowry, after his daughter filed a divorce application.
Also Read: Bomet Bride Speaks on Cancelling Wedding Last Minute
How Kenyan Communities View this Type of Refund
Nonetheless, some communities in Kenya also allowed a return of the price paid in cases where marriages failed.
For example, in the Luo community, customs provide for prosecution of divorce matters by elders.
The elders, in deciding such a case, may find it fit for the bride’s family to return any bride price to the husband’s family depending on which way (husband or wife) custody for the children goes.
Likewise, customs practiced in the Kamba community provide for return of dowry in cases of divorce especially where the wife in the case retains custody of children.
The Kalenjin community too allowed for a refund, including return of calves born by cows presented as bride price, and the list could continue.
Therefore, to answer the question whether one can demand for a dowry refund, yes, it is very much possible.
