Kenyan court rules that dowry must be returned after divorce

In a landmark ruling, the High Court in Kisii, Kenya has declared that a woman must return the dowry after divorce, in line with traditional customs surrounding marriage dissolution.

The decision was issued by Judge D.K.N. Magare, who emphasized that in Kenyan culture, divorce is traditionally finalized by returning the dowry  whether it was paid in cattle or cash  to the husband’s family.

“In our culture, marriage ends when the dowry is returned,” Magare stated.  “Returning it between the woman and her parents is meaningless. She has two years to sue her father if he refuses to return it.”

Advertisement

The judge clarified that the entire dowry must be refunded, and once the divorce is finalized, neither party owes the other any further support or obligations.

On the issue of child custody, Magare stressed that children have full rights to both parents, regardless of the divorce. He urged parents to share responsibilities equally.

“A man may be a bad husband, but that doesn’t make him a bad father,” he said.
> “Children deserve access to both parents.”

Advertisement

The ruling has sparked intense debate across Kenya, with many viewing it as a precedent that could shape future divorce cases — especially those involving cultural practices and dowry disputes.