ABSTRACT
Divorce/Property Distribution 1. The Problem In Kenya, as in much of Africa, husbands and wives may choose among civil, religious and customary marriages. These choices determine the law governing the parties’ marriage and divorce, including their respective property rights. As set out in considerable detail in the Report of Human Rights Watch, set out in Section 8, below, this has had grave consequences for Kenyan women who have opted for religious or customary marriages. First, assume that you are a member of the CEDAW Committee. You have reviewed the pertinent section of Kenya’s Report, also excerpted in Section 8, as well as the Human Rights Watch Report. How can the Committee respond constructively? Second, assume that you are a member of the Task Force referred to in Kenya’s Report. What changes, if any, do you propose for your national law? What kinds of opposition do you anticipate? How should this opposition be addressed? 2. Overview Property division refers to the law governing the division of property owned by the husband and wife, individually and both of them together, at the time of divorce. This is distinguished from alimony, or spousal support, which refers to an ongoing obligation from one spouse to the other. Property division is generally a one-time event and the distribution of property is usually final.
