Examining the constitutionality of section 7 of the matrimonial property act

Abstract

The purpose of this study was to critically examine the current matrimonial property regime in Kenya along with the inconsistencies that have arisen over the provisions of the Constitution of Kenya 2010 and the Matrimonial Property Act. To conduct this study, rigorous desktop research was adopted to execute the main objectives of the study. That is; assessing the legal framework governing matrimonial property from colonialism to date, understanding the reasoning behind Article 45(3) of the Constitution of Kenya 2010, as well as make recommendations, if any, to the current matrimonial property regime in Kenya.