Court ruling on divorce needs careful consideration – Kobia

She said that in the event of a divorce, women should not end up being disadvantaged.

In Summary
  • Now, one will not get a share of the matrimonial property after divorce if they do not prove they contributed to the purchase of the assets.
  • The court said parties hoping to cite indirect contributions, such as house chores, raising of children and mowing the lawn will stand on shaky grounds.
Former Gender and Public Service CS Prof. Margaret Kobia. /EZEKIEL AMING'A
Former Gender and Public Service CS Prof. Margaret Kobia. /EZEKIEL AMING'A

Former Gender and Public Service Cabinet Secretary Professor Margaret Kobia has called for careful consideration of the recent divorce property ruling.

Professor Kobia said that in the event of a divorce, women should not end up being disadvantaged.

"The Supreme Court ruling on sharing of properties during a divorce based on what each party contributed needs careful examination," she said.

"Contributions made by women need to include costed unpaid care work, including psychological support," she added.

Unpaid care work, according to UN Women, includes household duties such as cooking, cleaning, water, and fuel collection, child care, or elder care.

They said unpaid care work is generally not considered work.

In a landmark ruling last week, the Supreme Court quashed the popularly held notion that marital property should be shared equally.

Now, one will not get a share of the matrimonial property after divorce if they do not prove they contributed to the purchase of the assets.

The court said parties hoping to cite indirect contributions, such as house chores, raising of children and mowing the lawn will stand on shaky grounds.

"Unpaid care and domestic work is valued to be 10 and 39 per cent of the Gross Domestic Product and can contribute more to the economy than the manufacturing, commerce or transportation sectors," they said.

The Supreme Court decision was based on a case in which a couple who had been in court over the distribution of property were given 50:50 rights to the property.

"After divorce, the husband and wife will leave the marriage with only a percentage of what they contributed to the marriage," the court ruled.

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