[2025] KEHC 8427 (KLR)

[2025] KEHC 8427 (KLR)

The court found that both Kiambogo/Kiambogo Block 2/xxx (now subdivided) and NKR/MUN BLK 1/xxxx were acquired during the subsistence of the marriage and thus constitute matrimonial property under the Matrimonial Property Act, 2013. The Respondent failed to prove that the properties were gifts excluded from matrimonial property, and there was no evidence of consideration paid or of the properties being acquired before marriage. The Applicant demonstrated significant non-monetary contributions, including management of the family business and domestic responsibilities, which enabled the Respondent to acquire and improve the properties. The court held that both parties have equal rights and...

Citation
[2025] KEHC 8427 (KLR)
Parties
Applicant: BNM; Respondent: PMT
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
16 June 2025
Case Number
Matrimonial Cause 14 of 2017
Procedural Posture
Matrimonial Cause / Judgment
Outcome
Judgment for the Applicant; properties declared matrimonial and to be shared equally.
Judges
PN Gichohi
Legal Topics
Matrimonial Property, Property Division, Non Monetary Contribution, Spousal Rights
Source Language
English
Family and Children Matrimonial Property Property Division Non Monetary Contribution Spousal Rights

Case Brief

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Parties

BNM

Applicant

PMT

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the properties in dispute constitute matrimonial property under the Matrimonial Property Act, 2013.
  2. 2 Whether the Applicant made contributions (monetary or non-monetary) towards the acquisition and development of the properties.
  3. 3 Whether the Applicant is entitled to a share of the properties.

Ratio Decidendi

The court found that both Kiambogo/Kiambogo Block 2/xxx (now subdivided) and NKR/MUN BLK 1/xxxx were acquired during the subsistence of the marriage and thus constitute matrimonial property under the Matrimonial Property Act, 2013. The Respondent failed to prove that the properties were gifts excluded from matrimonial property, and there was no evidence of consideration paid or of the properties being acquired before marriage. The Applicant demonstrated significant non-monetary contributions, including management of the family business and domestic responsibilities, which enabled the Respondent to acquire and improve the properties. The court held that both parties have equal rights and...

Court Disposition

Judgment for the Applicant; properties declared matrimonial and to be shared equally.

Orders

  • Kiambogo/Kiambogo Block 2/xxx (now subdivided) and NKR/MUN BLK 1/xxxx are declared matrimonial properties acquired during the marriage.
  • The said properties shall be shared equally between the Applicant and the Respondent.