The MWPA: is there a case for enactment of a matrimonial property act in Kenya?
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Date
2008Author
Mutuku, Christopher N
Type
ThesisLanguage
enMetadata
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This Paper is an examination of the place and relevance of section 17 of the Married
Women's Property Act, 1882 after the granting of divorce. It traces the developments of
the law in England, from whence the Act of 1882 originated, up to 1973 and also
examines the principles requisite for a just and equitable family law to be in place. The
paper likewise discusses the way in which section 17 of the Act 1882 has been applied in
Kenya. The Paper concludes that the Act of 1882 is an antiquated foreign legislation that
has been overtaken by the changing environment in Kenya and argues for the enactment
of a Matrimonial Property Act, relevant to the situation in Kenya, and the unification and
harmonization of the bifurcated systems of marriage law to ensure certainty and
predictability. The Paper also argues for the repeal of section 82(4) of the Constitution of
Kenya for entrenching discrimination in personal law.
Citation
LLM ThesisSponsorhip
University of NairobiPublisher
University of Nairobi School of law