- Section 8 of Matrimonial Property Act CAP 152: Property rights in polygamous marriages
(1) If the parties in a polygamous marriage divorce or a polygamous marriage is otherwise dissolved, the—
(a) matrimonial property acquired by the man and the first wife shall be retained equally by the man and the first wife only, if the property was acquired before the man married another wife;...
- Section 9 of Matrimonial Property Act CAP 152: Acquisition of interest in property by contribution
Where one spouse acquires property before or during the marriage and the property acquired during the marriage does not become matrimonial property, but the other spouse makes a contribution towards the improvement of the property, the spouse who makes a contribution acquires a beneficial interest...
- Section 10 of Matrimonial Property Act CAP 152: Spousal liability
(1) Any liability incurred by a spouse before the marriage and relating to the property shall, after marriage, remain the liability of the spouse who incurred it.
(2) Despite subsection (1), any liability that was reasonably and justifiably incurred shall, if the property becomes matrimonial...
- Section 11 of Matrimonial Property Act CAP 152: Consideration of customary law principles
During the division of matrimonial property between and among spouses, the customary law of the communities in question shall, subject to the values and principles of the Constitution, be taken into account including—
(a) the customary law relating to divorce or dissolution of marriage;
(b) the...
- Section 12 of Matrimonial Property Act CAP 152: Special provisions relating to matrimonial property
(1) An estate or interest in any matrimonial property shall not, during the subsistence of a monogamous marriage and without the consent of both spouses, be alienated in any form, whether by way of sale, gift, lease, mortgage or otherwise.
(2) A spouse in a monogamous marriage, or in the case of a...
- Section 13 of Matrimonial Property Act CAP 152: Separate property of spouses
Subject to this Act and any agreement between the spouses before the marriage, marriage does not affect the ownership of property other than matrimonial property to which either spouse may be entitled, or affect the right of either spouse to acquire, hold or dispose of any such property.
- Section 14 of Matrimonial Property Act CAP 152: Presumptions as to property acquired during marriage
Where matrimonial property is acquired during marriage—
(a) in the name of one spouse, there shall be a rebuttable presumption that the property is held in trust for the other spouse; and
(b) in the names of the spouses jointly, there shall be rebuttable presumption that their beneficial interests...
- Section 15 of Matrimonial Property Act CAP 152: Gifts between spouses
Where a spouse gives any property to the other spouse as a gift during the subsistence of the marriage, there shall be a rebuttable presumption that the property thereafter belongs absolutely to the recipient.
- Section 16 of Matrimonial Property Act CAP 152: No liability for antecedent debts of a spouse
A spouse is not liable, solely by reason of marriage, for any personal debt contracted by the other spouse prior to their marriage.
- Section 17 of Matrimonial Property Act CAP 152: Action for declaration of rights to property
(1) A person may apply to a court for a declaration of rights to any property that is contested between that person and a spouse or a former spouse of the person.
(2) An application under subsection (1)—
(a) shall be made in accordance with such procedure as may be prescribed;
(b) may be made as...
- Section 18 of Matrimonial Property Act CAP 152: Provisions on delegated powers
(1) The Rules committee established under the Civil Procedure Act (Cap. 21) shall make rules to regulate any matter of practice or procedure under this Act.
(2) Without prejudice to the generality of subsection (1), such rules may prescribe—
(a) the procedure to be followed and the forms to be...
- Section 19 of Matrimonial Property Act CAP 152: Cessation of application of Married Women Property Act
The Married Women Property Act shall cease to extend to or apply in Kenya.
- Section 1 of County Governments Act: Short title and commencement
This Act may be cited as the County Governments Act, 2012 and shall come into operation upon the final announcement of the results of the first elections under the Constitution.
- Section 2 of County Governments Act: Interpretation
In this Act, unless the context otherwise requires—
“analysis of functions” means processes of and mechanisms for, reviewing and reassigning powers and competencies between the national government and county governments in accordance with the provisions of the Constitution generally and in...
- Section 3 of County Governments Act: Object and purpose of the Act
The object and purpose of this Act is to—
(a) provide for matters necessary or convenient to give effect to Chapter
Eleven of the Constitution pursuant to Article 200 of the Constitution;
(b) give effect to the objects and principles of devolution as set out in Articles 174 and 175 of the...
- Section 4 of County Governments Act: County symbols
(1) Every county shall enact legislation prescribing the following countysymbols—
(a) the county flag; (b) county coat of arms; and
(c) the county public seal.
(2) The County Executive Committee shall develop the symbols of the countythrough a consultative process for approval by the county...
- Section 5 of County Governments Act: Functions of county governments
(1) A county government shall be responsible for any function assigned to itunder the Constitution or by an Act of Parliament.
(2) Without prejudice to the generality of subsection (1), a county governmentshall be responsible for—
(a) county legislation in accordance with Article 185 of the...
- Section 6 of County Governments Act: Powers of county governments
(1) As an entity exercising constitutional authority, a county government shall be a body corporate with perpetual succession and shall have all the powers necessary for the discharge of its functions.
(2) Without prejudice to the generality of subsection (1), a county government may—
(a) enter...
- Section 6A of County Governments Act: Location of county governments
(1) Each of the county governments shall be located in the respective physical location set out in the Third Schedule.
(2) A County Assembly may, by a resolution supported by at least two-thirds of the members of the County Assembly and with the approval of Parliament, transfer the headquarters of...
- Section 7 of County Governments Act: Membership of the county assembly
(1) In addition to the members who are elected under Article 177(a), and thosewho are nominated under Article 177(b) of the Constitution, a county assembly shall comprise—
(a) six nominated members as contemplated in Article 177(c) of the Constitution; and
(b) the speaker, who is an ex officio...
- Section 7A of County Governments Act: County Assemblies to be duly constituted at first sitting
(1) A county assembly shall not be fully and duly constituted for first sitting after a general election unless all the members provided for under paragraph (b) and (c) of Article 177(1) of the Constitution have been duly nominated and names published in the Gazette.
(2) Sub-section (1) shall not...
- Section 8 of County Governments Act: Role of the county assembly
(1) The county assembly shall—
(a) vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law;
(b) perform the roles set out under Article 185 of the Constitution;
(c) approve the budget and expenditure of the county government in...
- Section 9 of County Governments Act: Role of members of the county assembly
(1) A member of a county assembly shall—
(a) maintain close contact with the electorate and consult them on issues before or under discussion in the county assembly;
(b) present views, opinions and proposals of the electorate to the county assembly;
(c) attend sessions of the county assembly and...
- Section 10 of County Governments Act: County assembly party leaders
(1) There shall be in each county assembly a leader of the majority party anda leader of the minority party.
(2) The leader of the majority party shall be the person who is the leader of the largest party or coalition of parties in the county assembly.
(3) The leader of the minority party shall be...
- Section 11 of County Governments Act: Removal of speaker from office
(1) A speaker of a county assembly may be removed from office by the county assembly through a resolution supported by not less than seventy five percent of all the members of the county assembly.
(2) A notice of the intention to move a motion for a resolution to remove the speaker shall be given...
- Section 12 of County Governments Act: The county assembly service board
(1) There shall be a county assembly service board for each county assembly.
(2) The county assembly service board shall be a body corporate with perpetual succession and a common seal.
(3) The Board consists of—
(a) the Speaker of the county assembly, as the chairperson;
(b) a vice-chairperson...
- Section 13 of County Governments Act: Clerk and staff of the county assembly
(1) There shall be a clerk of the county assembly, appointed by the county assembly service board with the approval of the county assembly.
(2) A person shall not be qualified for appointment as a clerk of the county assembly unless such person—
(a) is a citizen of Kenya;
(b) holds a degree from...
- Section 14 of County Governments Act: Procedure and committees of the county assembly
(1) A county assembly—
(a) may make standing orders consistent with the Constitution and this Act regulating the procedure of the county assembly including, in particular, orders for the proper conduct of proceedings; and
(b) subject to standing orders made under paragraph (a), may establish...
- Section 15 of County Governments Act: Right to petition county assembly
(1) A person has a right to petition a county assembly to consider any matter within its authority, including enacting, amending or repealing any of its legislation.
(2) Each county assembly shall prescribe a procedure for exercising the right under subsection (1).
- Section 16 of County Governments Act: Freedom of speech and debate
No civil or criminal proceedings may be instituted in any court or tribunal against a member of a county assembly by reason of any matter said in any debate, petition, motion or other proceedings of the county assembly.