File for divorce (dissolution of marriage)
The Judiciary of Kenya · sources read 6 Oct 2026
File a divorce petition at the magistrate's court, online through the Judiciary e-filing system or at the court registry. For a civil marriage you can only petition once three years have passed since the wedding. Filing the petition costs KSh 2,000.
- Fee
- KSh 2,000Filing the divorce petitionKSh 1,500Applying for the decree nisiKSh 1,500Applying for the decree absolute
- Where
- The magistrate's court (online at efiling.court.go.ke or at the court registry); Kadhis' Court for Muslim marriages
Steps
- Check your ground for divorce. For a civil marriage the grounds are adultery, cruelty, exceptional depravity, desertion for at least three years, or irretrievable breakdown of the marriage.
- File the petition at the magistrate's court. The Marriage Act gives divorce cases to the resident magistrate's court.
- To file online, sign up at efiling.court.go.ke, upload your documents as PDFs and pay the court fees the system works out (M-Pesa, KCB or RTGS).
- The court may refer you to a conciliation process or adjourn the case for up to six months for further enquiries or reconciliation.
- Once the court grants the divorce, it sends a certified copy of the decree to the Registrar of Marriages, who registers the dissolution.
Watch out
- For a civil marriage, you cannot petition before three years have passed since the wedding.
- If you married under Islamic law and both of you are Muslims, divorce can be handled by the Kadhis' Court.
- You can file even if efforts to reconcile you are still going on.
Who can apply
- A party to a civil marriage, once three years have passed since the marriage was celebrated.
- A party to a Christian marriage, on a ground set out in the Marriage Act.
Official sources (4)
- The Marriage Act, 2014 libraryir.parliament.go.ke · read 2 Oct 2026
- Frequently Asked Questions (FAQs) for E-filing System judiciary.go.ke · read 2 Oct 2026
- Kadhis' Courts judiciary.go.ke · read 2 Oct 2026
- The Marriage (Matrimonial Proceedings) Rules, 2020 (L.N. 122 of 2020), Second Schedule new.kenyalaw.org · read 6 Oct 2026