The Kajiado High Court on Thursday, September 26 ruled that couples who marry through a civil process were free to divorce at any time.
In the ruling, Justice Reuben Nyakundi declared section 66(1) of the marriage act that stopped such couples from divorcing within three years unconstitutional.
The law stated that couples in civil unions were only allowed to file for divorce or separate after three years.
Justice Nyakundi reported that marriage was a union between partners, therefore, the two were at liberty to leave at any time they felt not fulfilled.
“Corollary to the above is the fact that by imposing the three-year limitation, the impugned Section had the effect of forcefully keeping parties in a situation they no longer wished to be part of,” Justice Nyakundi ruled.
Nyakundi further noted that it was indignifying to confine one in a failed marriage for three years.
The judge also faulted the national assembly for imposing such limitations without public participation.
The case was filed by a lawyer Tukero ole Kina, who argued that those married under Christian, Muslim and Hindu religions had no three-year limitation.
He also stated that MPs never factored in that marriages could have differences and hardships hence a person could not be kept in such union if they wanted to walk away.
The lawyer equated the three years wait for the aggravated couple to slavery.
