Ask Gava
Kiswahili
← Births and family

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
Go to the official site

Steps

  1. 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.
  2. File the petition at the magistrate's court. The Marriage Act gives divorce cases to the resident magistrate's court.
  3. 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).
  4. The court may refer you to a conciliation process or adjourn the case for up to six months for further enquiries or reconciliation.
  5. 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)
  1. The Marriage Act, 2014 libraryir.parliament.go.ke · read 2 Oct 2026
  2. Frequently Asked Questions (FAQs) for E-filing System judiciary.go.ke · read 2 Oct 2026
  3. Kadhis' Courts judiciary.go.ke · read 2 Oct 2026
  4. The Marriage (Matrimonial Proceedings) Rules, 2020 (L.N. 122 of 2020), Second Schedule new.kenyalaw.org · read 6 Oct 2026

Was this helpful?

Share on WhatsApp · Report a mistake

Don't include your ID number or KRA PIN. We remove them if you do.