Fida contended that Section 7 contravenes Article 45(3) of the Constitution, which provides for equality during marriage and on divorce. But ensuring a fair division of matrimonial property is a key part of protecting women’s rights within the context of marriage and divorce. In fact, a lack of commitment to women’s equality leaves women unable to provide for themselves and their children. Kenya has taken important steps in the last decade to ensure women’s equality in marriage and to secure their property rights within marriage, including through adoption of the 2010 Constitution and the 2013 Matrimonial Property Act. The Matrimonial Property Act defines matrimonial property as the common home(s), household effects, and any other immovable and movable property jointly owned and acquired during the marriage.

Source: The Star May 31, 2018 21:11 UTC