Supreme Court Abolishes 50:50 Property Sharing Rule

Kenyan Supreme Court has abolished the 50:50 rule on property sharing for divorcing couples. This the court said disadvantages the children.

This is a good judgment as some children were being left suffering. However the ruling should be understood as covering not just slay queens but slay kings also. There are men who are gold diggers out there and leave children suffering.

This ruling equalises the tables and provides a modicum of protection for children. They won’t be disenfranchised by a gold digger who emerges only to swindle wealth.

The Supreme Court of Kenya on Friday, January 27 ruled that in divorce cases, each partner should leave the marriage with property equivalent to their individual contribution in the union.

The court said spouses are thus not automatically entitled to half of matrimonial property upon split. The petition at the apex court arose from a divorce dispute between Joseph Ombogi Ogentoto and his ex-wife Martha Bosibori.

Ogentoto took the matter to the Supreme Court after the Court of Appeal ordered that the house in which he had lived with his ex-wife of 18 years and the rental units be shared equally between them on a 50:50 ratio.

The Friday Supreme Court decision will, moving forward, act as the guidelines for distribution of matrimonial property between divorced spouses

Norton Legislature Themba Mliswa hailed this move and wrote:

“This is a good judgment as some children were being left suffering. However the ruling should be understood as covering not just slay queens but slay kings also. There are men who are gold diggers out there and leave children suffering.

This ruling equalises the tables and provides a modicum of protection for children. They won’t be disenfranchised by a gold digger who emerges only to swindle wealth.”