Why Kenyans Can Seek Divorce Anytime After Civil Marriage

Couples in Kenya can now seek divorce from civil marriages at any time, following the full implementation of a Court of Appeal ruling that abolished the three-year waiting period previously required by law.

The change stems from a 2022 constitutional challenge filed by lawyer Tukero Ole Kina, who argued that the waiting period under the Marriage Act 2014 was discriminatory and infringed on the rights to equality and dignity. The High Court agreed, declaring the provision unconstitutional. 

Although the National Assembly appealed, the Court of Appeal upheld the decision, suspending its effect for three years to allow Parliament to amend the law.

That suspension has now expired without further legislative action or appeal to the Supreme Court, meaning the ruling is now fully in force. 

As a result, spouses in civil marriages may file for divorce at any stage, regardless of how long they have been married. The courts found that forcing couples to remain in a marriage for a set period was unfair and could cause unnecessary hardship, particularly in cases involving safety or wellbeing concerns. 

They also noted that other types of marriages recognised in Kenya, such as customary or religious unions, were never subject to a similar restriction, creating unequal treatment under the law. According to lawyer Danstan Omari, the decision marks a major shift in Kenya’s family law framework. 

“The duration of how many years you have been married has been scrapped by the Court of Appeal. Since there’s no challenge to the Supreme Court, that is now the law,” he said, adding that “you can marry at 10 a.m. and file for divorce at 2 p.m.”