Mary Wambui’s divorce settlement established precedent in Kenya when the presiding court acknowledged that housework is work in a matrimonial case judgment. The 2013 Matrimonial Property Act is also being implemented for the first time.
The Matrimonial Property Act likewise states that:
“contribution” means monetary and non-monetary contribution including-
- domestic work and management of the matrimonial home;
- child care
- companionship
- management of family business or property; (See definition below)
- farm work;
family business means a business run for the benefit of the family and also which generates income or other resources for the benefit of the family;
matrimonial home” means property owned or leased by one or both spouses and which is occupied as their family home
- extends to any property attached to the matrimonial home (would therefore cover servant quarters, gardens, extensions);
matrimonial property means either the:
- matrimonial home
- household goods and effects in the matrimonial home
- any movable or immovable property jointly owned and acquired during the marriage
– trust property, including property held in trust under customary law, does not form part of
matrimonial property
spouse means a husband or a wife
This is also a defining moment for African women, and it can now be used by other judges in deciding cases involving housewives and granting them the requisite monetary compensation.