Kenyans Can Now Divorce on the Same Day They Marry — Here’s Why
In a historic shift for Kenya’s family law, couples entering into civil marriages can now divorce on the very same day of their wedding. This follows a landmark Court of Appeal decision that declared the three-year waiting period previously required before filing for divorce unconstitutional. The ruling effectively means there is no longer a mandatory duration that couples must remain married before seeking dissolution of their union.
Previously, under Section 66(1) of the Marriage Act, 2014, spouses in civil marriages were barred from initiating divorce proceedings until they had been married for at least three years. This restriction was intended to encourage reconciliation and protect the sanctity of marriage. However, the appellate court ruled that the law unfairly limited individual freedoms and discriminated against those in civil marriages compared to customary, Christian, Islamic, or Hindu unions, where no such waiting period applied.
The Court of Appeal found that the law violated key constitutional principles, including the rights to equality, dignity, and freedom from discrimination. According to the judgment, forcing a couple to remain married against their will for a set period of time was an unreasonable and unjustifiable limitation on personal liberty. The court further held that marriage, being a voluntary social contract, must allow equal freedom of exit as it does entry.
The court suspended the effect of its ruling for three years to give Parliament time to amend the Marriage Act. However, since no legislative changes were made and no appeal was lodged in the Supreme Court, the suspension period has expired—making the judgment now fully operational. Consequently, Kenyans who contract a civil marriage can legally file for divorce immediately, provided they meet the standard procedural requirements.
Legal experts have praised the ruling as a progressive step that aligns Kenyan law with modern human rights standards. They argue that the decision promotes personal autonomy and safeguards individuals who find themselves in abusive, incompatible, or deceptive marriages shortly after the wedding. Lawyers note that the previous rule often trapped victims of domestic violence or fraud in marriages they had no practical or emotional means to leave.
However, the change has sparked mixed reactions from the public. Some Kenyans view the ruling as a welcome development that respects personal choice and acknowledges the realities of modern relationships. Others fear it may weaken the institution of marriage and encourage impulsive unions. Religious leaders, in particular, have expressed concern that easy access to divorce could erode moral values and destabilize families.
Despite the ruling, experts emphasize that divorce is not automatic or effortless. Parties must still provide valid legal grounds such as cruelty, adultery, desertion, or irretrievable breakdown of the marriage. The courts will continue to assess each case individually and make determinations regarding property division, child custody, and spousal maintenance. The only difference is that couples no longer have to wait three years to start that process.
Marriage counsellors and social workers are calling for stronger education and counselling frameworks to accompany the new legal reality. They argue that while the ruling promotes freedom, it should also be matched with guidance to help couples make informed choices before and after marriage. Strengthening pre-marital counselling and offering post-marital mediation could help reduce impulsive divorces while protecting those in harmful relationships.
In the long run, this legal development represents a significant evolution in Kenya’s social and legal landscape. It reflects changing attitudes toward marriage, individual rights, and gender equality. As the law continues to adapt to societal realities, the challenge will be ensuring that this newfound freedom to exit marriage is balanced with efforts to preserve the values of commitment, respect, and mutual responsibility that form the foundation of family life.
