Wife stole my money

My wife stole money from my pocket when I was taking a short nap. In law can a wife be charged for stealing from a husband? Can I petition for divorce on grounds that my wife stole my money? Is stealing recognised as a ground for divorce? 
OL, Babati

Before we start answering your question, you have not told us whether or not the money in your pocket was your money, your wife’s money (yes men also use their wives money) or someone else’s money. It is not always true that the money in one’s pocket is that persons money. Here it clear that it was your pocket but your question is not 100% clear on whose money this was. However, for purposes of answering your question we assume that the money in your pocket was your money.

Section 264 of the Penal Code [Cap.16 R.E 2019] declares that a husband can steal from a wife and a wife can also steal from a husband. Therefore a wife can be charged and prosecuted for stealing from a husband and likewise a husband can be prosecuted for stealing from the wife.

Further, section 107(2) of the Law of Marriage Act [Cap.29 R.E 2019] does not specifically mention stealing by a spouse as ground for divorce. However, in deciding whether or not to grant a decree for divorce, Courts are enjoined by section 107(1) and 108(a)(d) of the Law of Marriage Act to consider either the proof of the grounds for divorce mentioned in section 107(2) of the Law of Marriage Act or proof of any relevant evidence regarding the conduct of the parties to the petition for divorce and circumstances of a particular case which show the marriage has broken down irreparably.

Theft by a spouse can be a ground for divorce provided it is proved by the party petitioning for divorce that following theft by a spouse, the relationship between the spouses has turned sour, and the continued relationship is intolerable thus the marriage has broken down irreparably due to the theft.