Supreme Court: In divorce, each person should leave marriage with what they acquired individually

27, Jan 2023 / 1 min read/ By Livenow Africa

The Supreme Court of Kenya on Friday, January 27 ruled that in divorce cases, each partner should leave the marriage with the property he or she acquired individually, quashing the equal sharing of property.

The petition at the apex court arose from a divorce dispute between Joseph Ombogi Ogentoto and his ex-wife Martha Bosibori.

Ogentoto took the matter to the Supreme Court after the Court of Appeal ordered that the house in which he had lived with his ex-wife of 18 years and the rental units be shared equally between them on a 50:50 ratio.

The Friday Supreme Court decision will, moving forward, act as the guidelines for distribution of matrimonial property between divorced spouses.

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