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ISLA enjoined as Amicus in the case challenging the distribution of matrimonial property upon divorce in Kenya

ISLA enjoined as Amicus in the case challenging the distribution of matrimonial property upon divorce in Kenya

The Initiative for Strategic Litigation in Africa (ISLA), a non-governmental organization based in Johannesburg, has now been admitted as Amicus in a case challenging ownership of matrimonial property in Kenya. Petition 164 of 2017 was filed by FIDA Kenya challenging section 7 of the Matrimonial Property Act for being in violation of the Constitution. The provision is contested as it allows ownership of matrimonial property according to the contribution of each spouse thus failing to take into account equal rights of each spouse at the time of the marriage, during the marriage and at the dissolution of marriage as provided by Article 45(3) of the Constitution.

As a result of its regional and international perspectives on women’s rights, ISLA’s admission is welcomed as it will provide the court with comparative jurisprudence and examine challenges experienced by women in other jurisdictions affected by similar provision as section 7 of the Matrimonial Property Act.

ISLA will be required to file its brief within 30 days. Thereafter the case will be heard 14 March 2018.  

To contribute to the discussion and for live updates follow KELIN on our social media platforms: Twitter: @KELINkenya

For more information contact:

Carolene Kituku

Advocate for the Amicus

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)

4th Floor, Somak Building, Mombasa Road Tel +254202515790;

Cell +254720467396;

Email: ckituku@kelinkenya.org



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