Judicial protection of matrimonial property rights: division of pension benefits at divorce in Kenya
Date
2024
Authors
Bereke, M. J.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Pension benefits is considered a source of wealth upon retirement and has been viewed as a marital asset during the dissolution of marriages. This paper seeks to examine pension benefits as matrimonial property in Kenya. The paper seeks to investigate whether a non-member spouse can claim a portion of a member’s pension benefit at divorce. This paper essentially covers the fundamental principles of pension law, matrimonial property law, and divorce law in Kenya. The paper conducts a comparative study on how the South African courts and legislation have interpreted and applied the division of pensions under their legislation. The paper recommends that pension benefits should be considered as matrimonial property subject to division at divorce. The recommended law reform requires the legislature to effectively recognise and protect the non-member spouse’s right to claim a share of the member spouse’s accrued pension benefit during a divorce. This research argues that there is a need to insert the necessary statutory provisions in the Marriage Act, Pension Act and Matrimonial Property Act to adequately address the rights of the non-member spouse especially when pension benefits of the member spouse have accrued to him shortly before divorce proceedings.
Description
Full - text undergraduate research project
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Citation
Bereke, M. J. (2024). Judicial protection of matrimonial property rights: Division of pension benefits at divorce in Kenya [Strathmore University]. http://hdl.handle.net/11071/15933