Browse an Act, find a provision and read each section in context.
Browse Acts ↓Subject to section 6(3), ownership of matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.
(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; an…
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 i…
(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 propert…
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 prin…
(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 p…
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.
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 i…
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.
A spouse is not liable, solely by reason of marriage, for any personal debt contracted by the other spouse prior to their marriage.
(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 par…
(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 used…
The Married Women Property Act shall cease to extend to or apply in Kenya.
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.
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 particula…
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 Constituti…
(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 assembly…
(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 Constitu…
(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 into…
(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 t…
(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 membe…
(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 ap…
(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 accordance…
(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 its…
(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 t…
(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 in…
(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 elec…
(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 a u…
(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 committ…
(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).