Here is what could soon be required of married couples seeking divorce
You will have to stay in a marriage for at least three years before seeking divorce from your partner in Kenya if a proposal by the Law Society of Kenya to the Attorney General is passed.
The proposal will also require a married couple to seek Alternative Dispute Resolutions (ADR) – such as mediation and arbitration – before seeking divorce as a final option.
“There will be an introduction of a three-year time limit before a divorce can be filed. Parties seeking divorce have to provide evidence of a failed mediation process before filing a divorce,” reads the proposed amendment published by the AG.
According to Registrar General Mary Njuya, who was quoted by the People Daily, the proposals arose from concerns raised by stakeholders regarding the implementation of Christian marriage laws.
This proposed law will also stop couples who are in marriage for fun.
She further said the current Marriage Act recognizes divorce, although that does not make it a mandatory process for the parties.
Divorce is envisioned in the Act as a last resort.
The LSK says the new law will help restore order in marriages as there has been an increase in divorce cases.
Other amendment on the law will see the clergy officiating the Christian Marriage getting a Certificate of Good Conduct from the Directorate of Criminal Investigations (DCI) and possession of recognized qualifications before they are licensed to join couples.
They will also be required to renew their licenses after every five years.
They will also be needed to file returns of the certificate within 60 days of celebrating a marriage or attract a fine of Sh1,000.