Suna West Member of Parliament Francis Masara, on Tuesday, April 16, announced plans to amend the Marriage Act of 2014 to change laws on divorce.
While appearing before the National Assembly Justice and Legal Affairs Committee, the MP indicated that couples could petition the court to dissolve their marriage.
Masara explained that the law currently allowed disgruntled parties to file the application individually.
He added that most Kenyans feared making the first move in divorce cases, adding that the new provisions would help couples resolve their issues amicably.
"The only cure I want to make is for the two to initiate the entire process, which will go as per the current law," he stated.
In his proposal, the lawmaker seeks to introduce a new clause allowing couples to file for divorce by mutual consent.
Masara added that couples who had separated for over one year would also use this provision to legally part ways.
"The principal aim of this bill is to amend the Marriage Act of 2014 by introducing clause 2 of the Bill to amend section 2 of the Act by inserting a new definition of the term mutual separation," he maintained.
What the Law States;
The Marriage Act of 2014 currently provides a party in a marriage to file for divorce in the courts on grounds of adultery, cruelty and exceptional depravity by the other spouse.
"A party to a marriage celebrated under Part IV may only petition the court for the separation of the parties or the dissolution of the marriage on the grounds of desertion by the other spouse for at least three years or the irretrievable breakdown of the marriage.
"The petitioner may file the petition with the court for the separation of the parties or the dissolution of the marriage despite any effort to reconcile the parties.," reads the Act in part.
