JUDGMENT
The 1st respondent herein, Mr Tukero Ole Kina, is an Advocate of the High Court of Kenya. Mr Ole Kina filed a petition in the High Court of Kenya at Malindi dated on June 12, 2018, seeking a declaration that section 66 (1) of the Marriage Act, 2014 is unconstitutional null and void, for contravening various articles of the Constitution. The said petition was brought in the public interest against the Attorney General and the National Assembly of Kenya.
The Marriage Act of 2014 in this respect regulates various forms of marriages being Christian, Civil, Customary, Hindu and Islamic marriages, and also provides for the manner and procedures for resolution of matrimonial disputes, including dissolution of marriages. The main ground for the petition is that section 66(1) of the Marriage Act of 2014 discriminates against parties in Civil marriages, by providing that a party may not petition the court for separation or dissolution of the marriage unless three years have elapsed since…