Advocate of the High Court Peter Wanyama, a former Law Society of Kenya (LSK) presidential candidate, has criticised a court ruling requiring the return of dowry following the dissolution of a marriage, describing the decision as โjuridically ridiculous.โ
Wanyama argues that treating marriage as a financial transaction that can be reversed when a relationship ends ignores the human experiences, sacrifices and contributions that cannot be restored.
In his remarks, the lawyer questions the logic behind requiring women to refund dowry when marriages break down, arguing that the same reasoning would absurdly suggest that men should also restore aspects of a woman’s life that cannot be reversed.
โIf you flip the coin, it simply and logically means that the man should also restore the woman’s virginity, original physique, etc., as a counterpoint,โ he argues.
Wanyama maintains that marriage encompasses far more than financial exchanges, pointing to human life, biological realities, youth, emotional labour and reproductive contributions as aspects of a union that cannot simply be returned when a relationship ends.
โTreating the dissolution of a marriage as an invoice adjustment ignores the nature of human dignity,โ he says.
His comments have reignited debate over whether dowry paid under customary marriage arrangements should be refundable when a union breaks down.
The Court Ruling Behind the Debate
The controversy centres on a High Court decision in CKN v DMO, delivered by Justice Kizito Magare on December 8, 2023. The case involved a dispute over the return of dowry following the breakdown of a marriage.
The court upheld an order for the return of dowry in the circumstances of the case, bringing renewed attention to the relationship between customary marriage practices and the legal consequences of divorce.
However, the decision should not be interpreted as meaning that every woman whose marriage ends in Kenya must automatically refund dowry, regardless of the circumstances.
Wanyama’s criticism raises broader questions about gender equality, customary practices and the protection of human dignity when marriages collapse.
At the heart of his argument is the belief that marriage cannot be reduced to an exchange of money, livestock or gifts because the emotional, biological and personal contributions made during a union cannot be quantified or reversed through financial restitution.
His remarks add a sharp legal and ethical perspective to Kenya’s continuing debate over dowry, divorce and women’s rights.
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