[2022] KEHC 11237 (KLR)
The High Court determined that, pursuant to section 2 of the Marriage Act No 4 of 2014, the Resident Magistrate’s Court is the court with jurisdiction to hear and determine divorce disputes such as the one filed by the applicant. The filing of the divorce cause in the High Court was therefore improper. As a result,...
Source-derived case information.
- Citation
- [2022] KEHC 11237 (KLR)
- Parties
- Applicant: CEA; Respondent: BA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause E011 of 2021
- Procedural Posture
- Divorce Cause / Ruling on Jurisdiction and Transfer
- Outcome
- Matter transferred to Chief Magistrate’s Court at Milimani for hearing and resolution.
- Judges
- AO Muchelule
- Legal Topics
- Divorce Jurisdiction, Alimony, Maintenance Pendente Lite
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CEA
Applicant
BA
Respondent
Procedural Posture
Divorce Cause / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the divorce cause between the parties.
- 2 Whether the matter should be transferred to the appropriate court for determination.
Ratio Decidendi
The High Court determined that, pursuant to section 2 of the Marriage Act No 4 of 2014, the Resident Magistrate’s Court is the court with jurisdiction to hear and determine divorce disputes such as the one filed by the applicant. The filing of the divorce cause in the High Court was therefore improper. As a result, the High Court lacked jurisdiction to entertain the matter and ordered its transfer to the Chief Magistrate’s Court at Milimani for hearing and resolution. The court also directed the parties to appear before the Chief Magistrate’s Court for directions on the hearing of the pending notice of motion.
Court Disposition
Matter transferred to Chief Magistrate’s Court at Milimani for hearing and resolution.
Orders
- The divorce cause is transferred to the Chief Magistrate’s Court at Milimani.
- Parties to appear before the Chief Magistrate’s Court on June 23, 2022 for directions on the hearing of the notice of motion.
Full Case Text
Judgment text and source record
20 paragraphs
CEA v BA (Divorce Cause E011 of 2021) [2022] KEHC 11237 (KLR) (Family) (16 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11237 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Divorce Cause E011 of 2021
AO Muchelule, J
June 16, 2022
Between
CEA
Applicant
and
BA
Respondent
Ruling
1. The petitioner CEA and the respondent BA got married on December 2, 2005 and have a child. This child is the subject of custody and maintenance proceedings in Children Court Cause No 1534 of 2019 at Milimani that was filed by the respondent.
2. Before this court is a divorce cause brought by the petitioner against the respondent. The petitioner seeks the dissolution of the marriage and the payment of alimony in the sum of Kshs 300,000/= per month secured upon the respondent’s assets. It is within the cause that she has filed a motion seeking the payment to her by the respondent of Kshs 200,000/= per month being maintenance and pendente lite. She also seeks to have access to their matrimonial home. There is no pending cause for the determination of matrimonial property. The notice of motion has been contested.
3. Under section 2 of the Marriage Act, No 4 of 2014, the court with the jurisdiction to hear and handle the divorce dispute between the petitioner and the respondent is the Resident Magistrate’s Court. It was wrong for the petitioner to file the dispute before this court.
4. Consequently, I transfer this matter to the Chief Magistrate’s Court at Milimani for hearing and resolution. The parties shall appear before that court on June 23, 2022 for directions on hearing of the notice of motion therein.
DATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JUNE, 2022. AO MUCHELULEJUDGE