In case of divorce, the courts will consider childbirth as a contribution from a woman to the marriage while dividing property, according to Supreme Court Judge Njoki Ndungu.
Justice Ndungu, who was speaking at a lecture on Family Law Jurisprudence at JKUAT, Karen Campus, on Wednesday, February 11, noted that despite Article 45(3) of the Constitution guaranteeing equal rights at the time of marriage, during the marriage, and at its dissolution, this equality pertains to rights and does not imply an equal division of property.
This means that in cases of dissolution of marriage, it is not automatic that the family property will be divided 50-50. According to Justice Njoki, despite the various schools of thought on the issues of the division of property, the courts will recognise the contributions of each party while determining how much each one gets.
Justice Njoki Ndungu speaking at a lecture on Family Law Jurisprudence at JKUAT Karen Campus, Wednesday, February 12, 2025.
