https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10542

BDL v JKK (Civil Suit E022 of 2024) [2026] KEHC 10542 (KLR) (15 July 2026) (Judgment) Neutral citation: [2026] KEHC 10542 (KLR) Republic of Kenya In the High Court at Nakuru Civil Suit E022 of 2024 SM Mohochi, J July 15, 2026 IN THE MATTER OF DECLARATION OF RIGHTS TO PROPERTY IN THE MATTER OF MATRIMONIAL PROPERTY ACT 2013 AND IN THE MATTER OF LAND REGISTRATION ACT Between BDL Plaintiff and JKK Defendant Judgment 1.Before me is an Originating summons dated 23rd August 2024 filed pursuant to Section 38 of the Limitation of Actions Act, Order 37 Rule 7 of the Civil Procedure Rules and Section 9(a) of the Magistrates Court Act, 2015 and Section 13 of the Environment and Land Court Act, 2011 Section 6, 7 and 17 of the Matrimonial Property Act, Section 93 of the Land Registration Act, 2012 and Section 3(a) of the Civil Procedure Act seeking the following reliefs;a.That, the Honourable Court do order the Land registrar Nakuru to register the Plaintiff/Applicant and the Defendant/Respondent as tenants with regards to land parcel reference number Kiambogo/Kiambogo Block 2/7408 Mwariki.b.That, the Honourable Court do issue an order compelling the respondent to remit all the proceeds received from the sale of the said property Kiambogo/Kiambogo Block 2/7408 Mwariki.c.That, an order do issue declaring that the Respondent is accountable to the defendant in respect of all the proceeds received from the sale of all that property known as Kiambogo/Kiambogo Block 2/7408 Mwariki.d.That, costs be provided for and any other further relief that the Honourable Court may deem fit to grant. 2.The Applicant claims ownership of a property know as land Title Number Kiambogo/Kiambogo Block 2/7408 Mwariki which was acquired by her during the subsistence of her marriage. She took a loan of Kesh 400,000 to facilitate the acquisition of the said property at a value of kesh 340,000. significantly due to her nature of work, she was not in possession of her national identity card having surrendered it to her employer the Kenya Defence Forces as per their rules and regulations. 3.That the property was registered under her now ex-husband whom after the divorce sold the property without the knowledge of the Applicant, notably the Applicant tried on several occasions to engage the Respondent on how the property was to be shared and/or sold and the proceeds shared but the Respondent was evasive and non-cooperative. 4.The applicant later learnt that the Respondent had already sold the property behind her back. 5.In light of the foregoing, the Applicant contends that the above mentioned property was a matrimonial property and that she was entitled to 90 % of the property having solely contributed to its acquisition. 6.The Court had directed service be effected upon the Respondent and despite service he failed to defend the suit. 7.The Originating summons dated 23rd August 2024 is allowed as undefended. 8.I am thus persuaded that the entire suit is of merit and allow the same on the following terms;a.A Declaration is hereby issued that the Applicant is entitled to ninety percent (90%) of the proceeds of sale from the property known as Land Title Number Kiambogo/Kiambogo Block 2/7408 Mwariki.b.An Order is hereby issued to the Respondent to account for and remit all proceeds received from the sale of the said property within the next (90) days.c.The costs of this suit are awarded to the Applicant.It so ordered. DELIVERED VIRTUALLY ON TEAMS PLATFORM AT BUSIA ON THIS 15TH OF JULY, 2026MOHOCHI S.MJUDGE