DIVORCE IN KENYA: The Court Process
INTRODUCTION
In a previous article, (link is at the end of this article), we discussed the various grounds for divorce. We observed that these are:
- Adultery
- Cruelty
- Desertion
- Irretrievable breakdown of marriage
For this article, we discuss the stages of the court process. It is anticipated that you the reader will understand the process and expectations in it.
OVERVIEW
The flowchart above summarizes the 7 steps before a divorce is concluded. These are:
- Filing of the Petition
- The signing of the Notice to Appear
- Receiving the Respondent’s reply
- Issuance of Registrar’s certificate
- Hearing of the Petition
- Judgment/Initial Decree
- Final Decree
1.0 Drafting and Filing the Petition
In this step, your lawyer or yourself (if you self-represent) will draft the Petition for divorce together with all accompanying documents. These documents include an Affidavit verifying the Petition, your witness statement, your list of documents (evidence), and your list of witnesses. Your lawyer will also prepare a document called a Notice to Appear and submit the documents to the court.
2.0 Signing of the Notice to Appear
It takes about 2 weeks for the Magistrate to sign the Notice to Appear. This is a formal notice directing the Respondent (the other spouse) to inform the court whether or not he/she is contesting the divorce. If the Respondent is contesting the divorce, he or she will have 15 days to put in responses.
3.0 Respondent’s Response
Once the Respondent receives the Divorce Petition and Notice to Appear, he/she will have 15 days to decide whether or not to contest the divorce. Remember in the previous article I mentioned that divorce in Kenya cannot be by consent. So, I advise couples who have agreed to end their marriage that instead of contesting the divorce, one person files the Petition and the other one simply ignores it. If the Respondent decides to contest, he/she will have to file a response and serve the Petitioner.
4.0 Registrar’s Certificate
After 15 days have lapsed, your lawyer will make an application to the court for the court to issue a Registrar’s Certificate. This is where the court simply certifies that the Petition is ready to go for hearing. Once this happens, your lawyer will then set down the Petition for hearing.
5.0 Hearing
During the hearing of the case, you will call your evidence. This is a crucial stage where you or your lawyer will bring evidence showing the court that the marriage has broken down irretrievably. If the divorce is contested, the other side will also call witnesses and bring evidence. The court will conclude by setting a date for judgment.
6.0 Judgement/Initial Decree
On the judgment day, the court will decide on whether or not there are sufficient grounds to dissolve the marriage. If the court finds sufficient grounds, it will issue the first divorce decree, also known as a decree nisi. Once this is issued, you will have 1 month to determine whether you really want the marriage dissolution to be made final or not.
Within this month, should you have a change of heart and decide to save your marriage, you can inform the court and the court will do away with the initial decree and allow you to remain married.
7.0 Final Decree
Once a month has elapsed, without any change of heart, the divorce decree is made final and the marriage is deemed dissolved.
CONCLUSION
The Kenyan divorce process is straightforward and uncomplicated. Thus, with all factors remaining constant, the process should take a maximum of 2 months from start to conclusion. The next article in this series will explain the handling of the matrimonial property once a divorce is done.
DIVORCE IN KENYA: Grounds for Divorce
Hi. How come I know of someone who went through the process in longer than the time frame you have given.
What is the longest time it can take beyond 2 months?
How much should it cost me for the whole divorce process
Hello Levy, I hope that you’re well,
The cost of divorce is 250,000Ksh exclusive of VAT, for more information, Kindly reach us on 07 43 235 923/ 07 23 313 833.
Looking forward to being of service to you.
Ksh 250,000/= is on the higher side. One can do the same in person with less than 10k all extra costs included.
Dear Wilson
We highly encourage self-representation in person for those who are able to do so. It is definitely more affordable.
Kind regards.
How long does it take to process a divorce by mutual consent? What documents are required?
Dear Dockins, Thank You for reaching out to us,
Kindly assist us with your number for more information and assistance on Divorce.
You can also reach us through 07 95 797 897/ 07 43 235 923.
We look forward to being of service to you.
Enlightening
Good evening. Is it possible for the whole process to take place without one spouse appearing in court?
Good afternoon Ephie,
Thank you for reaching out to Begi’s Law Offices And Chambers Advocates.
To answer your question, yes, it is possible for a divorce to take place without one spouse appearing in court
Kind regards,
Wanjugu Ngasha.
Yes it is possible and it even becomes easier and takes a shorter time.Most people respond because they dont just want it to be seen that they are the ones who broke the marriage.
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Hello. Thanks for this article, however, most lawyers are telling me it my take up to one year to get the divorce finished. My case is not complicated as we have nothing to fight over and he desserted me. this is the third year in the ‘marriage’
Dear Stacey,
We have been processing divorce cases for more than a decade now. We have never had a divorce that has taken more than even 6 months. Unfortunately, many processes fail because of the inactivity and lack of due diligence from lawyers.
what is the minimum cost for a divorce if not contested?
Dear Patrick
Kindly share your contact number and we will call you on the minimum costs.
Kind regards.
Also interested in knowing the cost of Divorce in Kenya
Hello Doreen,
The costs of filing for divorce depend on the nature of the case especially on whether or not it is contested. You may share your number and we can speak more.
What’s the cost of this whole process please. Kindly reach out to me on 0728885103
Good Morning Bob, thank you for reaching out to us, someone from our office is reaching out to you shortly.
Looking forward to being of service to you.
Need an advise on how to go through the process without the other partner
Hello Wilson, Thank you for contacting us,
For assistance on how to go about with the process, Kindly book a physical or virtual appointment with our advocates that goes for a rate of 4000Ksh.
We are located at Bishop garden towers, 1st Ngong Avenue, 2nd Floor and we are open from Mon-Fri, 8AM-5PM. You can also reach us on 07 43 235 923.
Looking forward to being of assistance to you.
I want to know the cost of divorce
Hello Doreen,
Thank you for reaching out, different cases have different issues to assess. The best way to know would be to schedule a consultation with one of our lawyers who will help you address the matter,we also offer legal trainings on how to self-represent yourself in a court of law.Kindly assist us with your phone number to be able to contact you and help follow up on the matter. You can also reach us via our phone number 07 43 235 923 or email us info@begislaw.com.
Hello I want to start a divorce process. Kindly advice me on what am supposed to have.
Hello Andrew, Thank you for reaching out to us,
Kindly assist us with your number, someone from our office will call you for more information and assistance.
You can also reach us on 07 95 797 897/ 07 43 235 923.
We look forward to being of service to you.
I would also want to know the cost of the whole divorce process.
Hello Duncan, Thank you for reaching out to us,
For more information on divorce process and cost, Kindly assist us with your phone number or reach us via 07 43 235 923/ 07 95 797 897.
We look forward to being of service.
interested to know the cost 0725005029
Good Morning Patrick, I hope that you’re well,
We have tried to reach you via the provided phone number but the call was unanswered, Kindly reach us on 07 43 235 923/ 07 23 313 833 for more information..
Looking forward to being of service to you.
Please advise me of the background to support your opinion that it is not necessary for both parties to attend the Divorce Court hearing.
Dear Graham,
It is not necessary for both parties to attend a divorce hearing only when the divorce is uncontested, in which case only the party who has instituted the claim in court will attend.
Kind regards.
Hi
I also would like to know the estimated cost of marriage dissolution.
Hello Willy,
We have sent you a private mail on your question.
We look forward to being of service to you.
Kind regards.
In case I ignore the petition the other spouse filed, and the courts dissolve the marriage in my absence, where do I go to collect my papers? My decree nisi
Mambo I would like to know how much, it will cost to get a divorce, with a man I have been married to for 22 years and didt know I where still married the last 21 years, and he also married anothere woman 21 years ago and moved to swizz
Good Morning Charlotte, I hope you’re well and sorry on what you’re going through.
Did you have a civil marriage?
Are there kids involved and if yes how many?
Is there matrimonial properties?
Is the divorce contested or uncontested?
Kindly assist us with your number for more assistance, also feel free to reach us on 07 43 235 923.
Looking forward to being of service to you.
You can collect them from civil registry, that is both decree nisi and decree absolute.
LOL, I was also scrolling to see this question.
Hello what’s the cost of filling a divorce
What’s the cost for divorce
Thanks so much for this. I wanted to know whether divorce papers can be served through email when the respondent is out of the country
Dear Simon,
Divorce papers can indeed be served through e-mail.
Kind regards.
Hi,I have a question on divorce. Is it true that an advocate should file an application under chamber summons to ask the court for directions when the Respondent has not responded to the petition? And if so,kindly share under what provisions in law is the application made…thanks
Dear Wilkista
Indeed an application is made under Chamber Summons for the Registrar certificate to issue and for the matter to proceed undefended.
Kind regards.
I would want to know more about divorce.mine is likely to be uncontested. The female moved on.
0705509513
spokloh@gmail.com
Hello Ochieng, I trust that you’re well.
It was a pleasure talking to you on phone and we are looking forward to being of service to you.
Kindly give a quotation of the estimated cost involved.. If I have valid reasons to push for the dissolution of my marriage, how much cash should I mobilize/raise for the process…
Dear Vincent,
Kindly share your contact number and we will speak more on the estimated costs for the dissolution of a marriage.
Kind regards.
What happens when one party files the divorce and the other one refuses to sign the divorce papers?
Hi Hilda,
In Kenya, divorce papers are not signed by the other side. This is because divorce is not by consent in Kenya. However, divorce can be uncontested in which case the Petitioner will be granted the divorce after giving evidence and going through the motions of the case.
what counts as evidence in court? like how do i prove we havent lived together for a year. Emotional and verbal abuse, can text messages support this? Do i have to wait for 3yrs to divorce or i can file before?
Hi am George
Please can you get to me with the total cost of a divorce which both parties have agreed to end the relationship
Kindly share the cost of divorce.
Dear Patricia Anyango,
The cost of divorce varies with the circumstances of the divorce.
We will write to you separately on this.
Hi, I’d like to file for my divorce, uncontested but we have a 7yr old child together. What is the process like if I was to file without a lawyer…
Do we have to decide on who gets custody of the child when filing or can we have an out of court agreement on how to take care of the child?
What happens if I was to relocate to a different country before the divorce goes through or can I file for the divorce in the new country?
Thanks for your response.
Kindly share the cost of filing divorce upto determination in the case where a spouse has been unfaithful repeatedly.
Dear Gordon,
We have sent you an E-mail with the cost information.
We look forward to being of service to you.
Hey how much does the process of divorce cost and is it a must for the witnesses and the pastor to be there for it to occur please email me
How should I go about a divorce with my man separated 3 yrs ago I’ve moved on already same to him.
Hello Sheila, you can send us a whatsapp prompt on +254743235923 we will be able to get back.
Hi , wanted to know,my baby daddy has filed a petition we’ve not been talking for three years,he doesn’t support the baby have never asked anything from him,he has lied in that petition b,he is in Saudi Arabia ,and iam soon traveling to USA I don’t want anything to do with him, should I respond or leave it pending?
Dear Shillah, Thank you for reaching out to us,
Kindly assist us with your phone number for more information and assistance.
You can also reach us via our phone number; 07 95 797 897/ 07 43 235 923.
We look forward to being of service to you.
Can you claim money from lawyer who acted improper and showing inactive in taking care process?
It taking more than a year to get absolute , without spouse defending
Hello Arie,
In the event that you feel that your lawyer has not rendered you the proper service, you have the right to institute a complaint at the Advocates Complaints Commission.
Kindly share the estimated cost of the entire process in an infidelity case.
Can the petition be amended once the petitioner learns the respondent have more evidence than them
Dear Mary
A divorce petition can be amended at any time before hearing with leave (permission) of the court.
I would love to know the cost of divorce? n how long it may take on grounds of infidelityy n no lawyer ,, you can email me please
Hello Sandra,
We have sent you an e-mail.
Kind regards.
Great article. The best so far regarding the divorce matters in Kenya.
Maybe I should point out that the text color of your website is too bright. I hard some struggle reading through. Please make it a little darker, just a little. Thanks
Dear Juan
Many thanks for this. WE will act on it.
Hello kindly email me or inbox the cost of the divorce process in Kenya
When are tackling how to deal with matrimonial property?
Hi, what happens if one doesn’t have certificates. Married come we stay and have kids. One party becomes intolerant.
Would you please outline the process when a child is involved? What is the requirement for divorce in such a case?
What’s the cost of divorce? And suppose the the responded have damning rebuttal and is against divorce ? Can the court give a stay order not to dissolved and allow arbitration or mediation? Advice David
Hi, Thank you for this thorough article. Kindly share the cost of the legal aid with a petitioner self-representing. Eg. The notice to appear and help with filing the petition.
Thanks for the article. Can you send me the cost as well as how to go move ahead with petition despite not talking to my former spouse.
what is the cost of divorce? what counts as evidence in court? like how do i prove we havent lived together for over a year? is Emotional and verbal abuse ground for divorce and can text messages be used to support this? Do i have to wait for 3yrs to divorce or i can file before?
How much is filing for a divorce for dissertion case and the spouse is out of the country for 7years
Kindly send me your email address for my to communicate
Hello David
You can reach out to us through info@begislaw.com
If the partner is not a citizen and and not in the country how does the 15 days to respond to the petitioner happen.
Secondly, if the respondent as no issues of adultery but been accuse wrongly base on assumption and false pretense and selfish interest. What happens?
Thirdly, if the petitioner rather is guilty of adultery, who has treating the respondent that she has moved on, liers to the respondent of her movement and later files for divorce what happens?
Fourthly, If the respondent did not receive any letter from the court because he is not in the country of the petitioner, what are the chances?
Lastly, if the response did not respond or signed the letter what happens?
Thanks very much
Dear Nana
Many thanks for your inquiry. A person who has been served and is out of the country can make prepare and file a response electronically through the judiciary e-filing portal. We have reached out to you on email for a comprehensive appointment.
Great article. Kindly share the divorce cost implications if uncontested.
Hello
Kindly reach out to me as am in dire need of your services. I need to know the cost for the whole process.
Give me a quotation for uncontested divorce
Hello Kelvin, we charge a l=legal fee of 200,000Ksh and an additional fee of 32,000Ksh as VAT = in total amounting to 232,000Ksh. For assistance please reach us on 07 43 235 923. We are happy to be of service to you.
kindly,I married in 2013
but the lady I married started to be arrogant
1.i could arrive when a sleep everyday,then I had to cook and wake her up to eat.
2.some days she could lock me outside the house. one day I had to kick the door to make my way in.
funny enough, she had not cooked and I had to.
3.she could use serving bowls sometime to was Napkins.
4.she could go to her matrimonial home without any reason.then later I find IAM served with a letter from children’s Department. I have been to children’s Department 5times for a child in ECDE.
5.She had only one child and said that she would never have another child.But recently she had the second child out of weddlock.from another man.infact my cousin.
6.when she came back recently with the baby out of weddlock, I decided to live aside.i lived in my own house.but the owner of the second baby came with a weapon targeting to kill me.on my defense,I removed my Harrows and I was taken to police station.
out of the police cells I decided to go on transfer.
I wish to divorce
Hello Edwin, thank you for reaching out to us, sorry on what you are going through. from your comment, we confirm that you have grounds for divorce, such grounds being cruelty and adultery among others. If you would like to have a conversation on a possible way forward, please feel free to book an appointment with one of our advocates. Please reach us on 07 43 235 923.
We are happy to be of service to you.
Thanks for the article. I wish to know how much I should have for divorcing an arrogant and hard headed wife. We had a civil marriage only. Nothing more
And if I can be given custody of our daughter on basis that I can provide for her fully and I doubt she can. She has no stable income and I think she can’t take care of the baby as I can. Thanks
What is the shortest duration the process can last? And the cost too for matters of infidelity?
Hello Janet,
Divorce takes on average 6 weeks to conclude.
In a non contested divorce petition, what does it mean when you receive a text message to the effect that ” the outcome of the case has been updated to the directives given, I havent attended any of the court hearings
What would be the average cost of an uncontested divorce?
Kindly help me , I’m married to my wife of 27 yrs with two children a son of 25yrs and a daughter of 20yrs.but for the last 6 yrs after losing my job and having no money as before, my wife has been playing games with me. She separated with me and she is in Nairobi as iam at home (Kisii), and I feel lonely coz she doesn’t want me to visit her there and when I request her too come home she demands fare but even if I send her she doesn’t come unless there’s relative’s farewel send off or when I am very ill. I miss my family and feeling deserted . What’s the best way to tackle this marriage as I feel like giving her a divorce and continue with my life. Thx
Hey, advice on the cost where dissolution is consented and one party not appearing since they left an year ago. There is no property involved , only one child. I need to urgently require your service
Hey Kelvin,
How did you get on with dissolution. Am in a similar situation, so curious as to how it went if you are ok to kindly share
Kind Regards
R
hello, how can i make a divorce to a man whom walked away and am currently in a another relationship?
How about the court power to grant decree of divorce according to law of Kenya, are spouses free in divorce processes??
Hello Mary,
According to the marriage Law of Kenya, The spouses are not free until the divorce is annulled and the decree absolute has been granted, For more information, Kindly reach us on 07 43 235 923 or 07 23 313 833.
Looking forward to being of service to you.
Can have your contact
Hello John, thank you for reaching out to us, Our Contacts: 07 43 235 923, 07 23 313 833 and our email is: info@begislaw.com or elvisabenga@begislaw.com
Looking forward to being of service to you
Any other causes of divorce and also Kindly elaborate the cost for divorce for a marriage that was less than 3yrs. Reply in my email samudoc18@gmail.com
Hello Samuel, Thank you for taking your time to read the article, kindly check your email, our customer care desk had reach out to you in response to your enquiry,
Looking forward to being of service to you.
How do I divorce a wife I cannot locate after a 24 year separation?
Dear James,
It is very simple. The normal divorce process goes through. You will serve the divorce documents and if she does not reply, the divorce will be uncontested.
I married in 2016, we stayed together for only 2 weeks before i came back to US, filed for her petition then canceled it. I been trying to divorce her since then! Can a divorce go through with one partner abroad? Thank u.
Dear Kamau, Thank you for reaching out to us,
Kindly assist us with your phone number for more information and assistance on divorce and separation,
You can also reach us on 07 95 797 897/ 07 43 235 923.
We look forward to being of service to you.
Hi,I was served with divorce papers,I responded to it and served him ,what is the next step?
Who pays for the costs ?
Hello Evelyne, thank you for reaching out to us and we are sorry for what you’re going through during this season. Kindly assist us with your phone number or email and we will reach out to you with more information and assistance on divorce. You can also reach us on 07 95 797 897/ 07 43 235 923. We look forward to being of service to you.