Nairobi, KENYA: Federation women lawyers (FIDA) has vowed to appeal a ruling by Justice John Mativo that couples will not have to share their wealth equally when they divorce.
In a statement, FIDA chairperson Josephine Mongare said that following the ruling on Mondy, it is a continuation of a great fear for FIDA Kenya that the country is being plunged back to the olden days when women were still treated unfairly as regards matrimonial property.
“Such obiter dictums cannot and should not be allowed to form precedents in Kenya.” Mongare said in a statement
The judge noted that one could not walk into marriage and walk away out with more than they deserved.
Mongare said that it is ironical that Justice Mativo however finds that Section 10 of the Matrimonial Property Act was proper in that liabilities could be shared equally.
“He found no discrimination in the said provision.”She added.
The ruling added that if the court allowed the request by FIDA, it would create a loophole allow fortune seekers to seek benefit where they did not contribute any form of wealth.
The federation indicated that Matrimonial Property Act as it is, has its limitations, and every year millions of women in Kenya still find themselves fighting to hold onto their property after a divorce or the death of their husbands.