Kenyan case law Sample Clauses

Kenyan case law. In the case of Federation of Women Lawyers Kenya (FIDA) vs Attorney General and another60, the petitioner was challenging the constitutionality of Section 7 of the Matrimonial Property Act. The Section addresses ownership of matrimonial property according to contribution of spouses towards its acquisition subject to the prenuptial agreement.61 The petitioners claimed that the aforementioned section is contrary to Section 45 (3) of the Constitution of Kenya which gives parties to a marriage equal rights even at the dissolution of a marriage.62 The section puts women in a disadvantageous state because women must prove their contribution towards the acquisition of the property despite the statute providing for non- monetary contribution. The women have no proof of their contributions despite contributing. The Petitioner sought for orders declaring section 7 of the Matrimonial Property Act invalid in as far as distribution of matrimonial property is based on contribution it goes contrary to the aforementioned section of the Constitution of Kenya hence it should be null and void. Secondly an order compelling the Respondent to amend Section 7 of the Matrimonial Property Act for it to state that “Subject to Section 6 (3), ownership of matrimonial property vests in the spouses in equal shares irrespective of the contribution of either spouse towards its acquisition and shall be divided equally between the spouses if they divorce or their marriage is otherwise dissolved."
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