In a landmark decision in CKN v DMO (2023), the High Court ruled that dowry must be refunded following a divorce, as it represents the existence of a customary marriage. The court further stated that even when the dowry was paid to the woman’s parents, the wife remains responsible for its return, though she may later recover it from her parents if she chooses.
The judgment also clarified that alimony is no longer recognized under Kenyan law, since Article 45 of the Constitution guarantees equality between spouses—meaning neither party can be compelled to financially support the other after divorce, including in Christian marriages.