Kenyan advocate Danstan Omari has stated that domestic work and household duties performed by wives should be monetised under the law. Speaking on the Lessons at 30 podcast hosted by Dr Ofweneke, the lawyer explained how household contributions carry quantifiable financial value in modern marriages.
Monetising Household Labour
Omari explained that Kenyan courts increasingly consider domestic work during the division of matrimonial property. Under current legal practices, daily domestic tasks performed within a home can be evaluated in financial terms.
He noted that services such as laundry, childcare, and home maintenance are no longer viewed purely as unpaid obligations.
“In marriage, in division of matrimonial property, we have now moved the law until everything that women do in marriage is monetized. Nowadays, the question about contribution – which stereotypes women's chores- is monetized,” he explained.
Omari stated that women should focus on earning income rather than being prepared exclusively for traditional marriage roles. He stressed that managing household expenses and paying bills form the main foundation of modern domestic living.
“Any type of work that women do in households in monetized. The law allows them to claim that amount of money,” he added.
Constitutional Equality in Marriage
Addressing household authority, Omari pointed to the legal structure governing marital relationships in Kenya. He highlighted Article 45 of the Kenyan Constitution, which establishes equality between spouses at the time of marriage, during marriage, and at the dissolution of marriage.
“The Constitution does not recognize anybody any title or rank called the head of a family,” he added.
According to Omari, the constitution does not grant any spouse a superior rank or title within a household. He stated that marital relationships now rely on mutual consent rather than traditional leadership.
Kenya currently has an estimated 26,000 registered advocates who deal with these evolving family law matters across the country.
Legal Recognition of Non-Monetary Roles
Omari observed that legal trends have turned marriage into a contract based on mutual contribution. Spouses can now seek financial compensation for non-monetary work contributed to the home during marriage.
He stated that these legal claims cover childcare, domestic maintenance, and supportive care provided to the family.
The legal system enables individuals to calculate these domestic contributions when resolving property disputes upon separation.
Omari concluded that objective financial contribution and practical independence remain essential factors for both spouses in modern society.
