Couples can now divorce at any time, those married through the civil process.
Previously, only couples who had lived together for three years were eligible to file for divorce.
Yesterday, Justice Reuben Nyakundi made a historic ruling when he declared that Section 66 (1) of the Marriage Act unconstitutional.
This section stopped couples from filing for divorce within the first three years of their marriage.
He also said that the above section sought to oblige couples to stick together despite their wish to stay away from each other.
Civil rights marriages are normally conducted either at the Attorney-General’s office or before county commissioners.
Justice Nyakundi said that the ban not only confined one in an already rocked relationship but also degraded him/her.
He further added that this law would not have been passed if Kenyans were allowed to air their views regarding the time frame.
The case was filed by Tukero Ole Kina, a lawyer.
His argument was based on the fact that those married through Muslim, Christian or Hindu religions were not tied by this law.
Tukero also blamed the Members of Parliament for overlooking some indispensable dimensions that shape a marriage.
He mentioned key factors such as major differences and hardships that play a key role in promoting divorce.
Holding couples who would wish to walk away together for three years was equated to modern-day slavery.
The respondent, Attorney General who was arguing against Mr Tukero’s claims, on the other hand, told the court that all laws passed by parliament are presumed to be constitutional.
The parliament also defended itself saying that it had factored in public participation before coming up with the controversial law.
After listening to both sides, Judge Nyakundi was not convinced why the law should be applied to civil marriages only.
There was no reason given to justify why the law did not apply to traditional, Hindu, Christian or Muslim marriages.
SHOCK AS WOMAN FILES FOR DIVORCE CITING TOO MUCH LOVE FROM HER HUSBAND
Did you know that women are too complicated to deal with?
Whoever claimed that you can never know what women want was not far from the truth!
A woman who hails from the United Arab Emirates has shocked the world after she filed for divorce.
The most interesting bit of the whole drama was the reason for her wanting the divorce.
She claimed that her husband was too kind for her.
“I WANT MORE ACTION”
The woman told the court (Sharia) that she was tired of a calm relationship.
She was craving for more action, by action I mean fights and quarrels.
She claims that her husband was too gentle and normally helped her do some household chores.
Besides this, the respondent also showered her with praises and has never raised a finger at her.
He is also a very obedient husband who responds to her wife’s whims including the need to lose weight in order to look attractive!
Who would not want such a loving and obedient guy for a husband?