The Matrimonial Property Bill, 2013 38? · MEMORANDUM OF OBJECTS AND REASONS This Bill, which has been submitted to the Committee by the AttomeyG~neral, seeks to cater for matrimomal property disputes in Kenya. The, Bill provides for the rights and .responsibilities of spouses in relation to f ·· · matrimonial property. . Part II of the Bill states .the general principles to be applied in matrimoQ.ial matters. These principles include equal legal stltus· of men and women in marriage, the recogrution of the capacity of either sp0use to acquire separate property· during the subsistence of the mai"riage. The Part further provides that persons professing the Islamic faitli shall be-governed by Islamic law in all matters relating to matrimonial property. it· i ~ Part III of the Bill defines matrimonial property and also sets out the law and procedure~ applicable thereto. The Part provides that matrimonial property means the matrimonial nome, houseliold 'goods and effects in the ' matrimonial home, immovable 'property owned by either spouse which provides basic sustenance for th~ family and any other property acquired during the subsistence of the marriage which the spouses expressly or implie~Uy agree to be matrimonial property. ,The Part further states that matrimonial property shall be deemed .to veSt in the spous~s in equal shares regardless of the contribution of either . of them towards the. acquisition thereof. The Part also provides that no estate or interest in any matrimonial property shall be alienated in any manner without the prior consent of l;>0th spouses artd that neither spouse shall be liaqle to be evicted from · the matrimonial homes except in accordance with a _court oi:der. Part IV of the Bill provides for separate property during the subsistence of a marriage. . The Part provides that, marriage shall not affect the ownership of any property to which either spouse may be entitled to separately. The Part further stipulates that where propeny is acquired in the name of one spouse, there .shall be a rebuttable presumption ~at the . · property belongs absolutely to· that spouse but where property is acquired in the names of the spous~sjointly, there shall be a rebuttable presmnption that their beneficial interests therein are equal. Part V of the Bill provides- for matters relating to Jurisdiction and · procedure in matrimonial matters. The Part provides that a person may apply to a court for a declaration of rights to any property tliat is conte_sted