A High Court ruling in Kisii has reignited a national debate over Kenya’s deeply rooted dowry traditions, after judges declared that women may be required to refund dowry payments following divorce.
In the case of CKN vs DMO (2023), Justice Kizito Magare ruled that under customary law, dowry, a traditional symbol of marital union, must be returned when that union dissolves. The court affirmed an earlier decision ordering a woman to refund dowry given to her family, even if the payment had not gone directly to her.
“Dowry marks the creation of a customary union. Refund of dowry means the dissolution of that union.The wife is responsible for the refund, but can later recover it from her parents,” said Justice Magare.
The petitioner had argued that the order contradicted modern marital principles, particularly alimony, which allows a spouse usually the wife to receive financial support after divorce. The court dismissed this claim, noting that alimony, rooted in older English law, conflicts with Kenya’s constitutional principle of gender equality.
“Alimony was based on the concept that men and women were not equal, that concept no longer aligns with Article 45 of the Constitution,” the ruling stated.
Legal experts say the judgment could reshape how dowry disputes are handled in Kenyan courts. Advocate J.L. Murugi described it as a landmark clarification in an area long guided by culture rather than law,” saying it could offer “a fairer and clearer roadmap for couples navigating divorce.
Dowry is known by different names across Kenya’s ethnic groups still remains a vital part of traditional marriage. Among the Kikuyu it is ruracio, the Luo call it ayie, while the Kalenjin celebrate koito. The Maasai observe enkoshoke enkishu, often involving cattle.
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