THE MATRIMONIAL PROPERTY ACT 2013 IN ACTION: EMPIRICAL ANALYSIS OF A DECADE OF DECIDED COURT CASES

Abstract

The enactment of the Matrimonial Properties Act in 2013 provided a framework for determining the ownership and division of matrimonial property between spouses in Kenya. Kenyan courts have had over a decade of resolving matrimonial disputes and interpreting various provisions of the Act. The paper analysed decisions from the High Court, the Court of Appeal, and the Supreme Court relating to the division of matrimonial property for the period 2013-2024. 94 cases sourced from the Kenya Law Website were analysed to identify patterns relating to the average duration of proceedings; length from decree to the filing of claim; average duration of marriage; registered owner of matrimonial property and division ratios relative to nature of proved contribution. The findings serve as a foundation for further socio-cultural research into gender and property ownership, the dynamics of property rights within marriage and gendered constructions of financial and non-financial contributions.