[Rev. 2012] Matrimonial Causes CAP. 152 CHAPTER 152 MATRIMONIAL CAUSES ACT [Date of commencement:1st January, 1941.] An Act to consolidate and amend the law relating to matrimonial causes [Act No. 33 of 1939, Act No. 34 of 1941, Act No. 14 of 1948, Act No. 5 of 1952, L.N. 388/1959, L.N.304/1960, Act No. 15 of 1961, Act No. 21 of 1961, L.N. 142/1963, L.N. 2/1964, L.N. 168/1964, Act No. 9 of 1967, L.N. 121/1975.] PART I – INTRODUCTORY 1. Short title This Act may be cited as the Matrimonial Causes Act. 2. Interpretation In this Act, except where the context otherwise requires— “children”, means in the case of Africans (including Somalis, Abyssmians (Amhara, Tigre and Shoa), Malagasies and Comoro Islanders), Arabs or Buluchis born in Africa, males who have not attained the age of sixteen years and females who have not attained the age of thirteen years, and in the case of all other persons, unmarried children who have not attained the age of majority; “marriage” means the voluntary union of one man and one woman for life to the exclusion of all others; “President’s Proctor” means the Attorney-General, who shall be the President’s Proctor for the purposes of this Act. [Act No. 9 of 1967, Sch.] 3. Jurisdiction of court Subject to the provisions, of the African Christian Marriage and Divorce Act (Cap. 151), jurisdiction under this Act shall only be exercised by the Supreme Court (hereinafter called “the court”) and such jurisdiction shall, subject to the provisions of this Act, be exercised in accordance with the law applied in matrimonial proceedings in the High Court of Justice in England. 4. Limitation of Act Nothing in this Act contained shall authorize— (a) the making of any decree of dissolution of marriage or of nullity of marriage unless the petitioner is domiciled in Kenya at the time when the petition is presented; (b) the grant of any other relief under this Act, unless one of the parties to the suit has, at the time when the petition is presented, his or her usual residence in Kenya or unless the marriage was solemnized in Kenya: Provided that where a wife has been deserted by her husband, or where her husband has been deported from Kenya under any law for the time being in M9 - 5 [Issue 1]