[2016] KEHC 292 (KLR)

[2016] KEHC 292 (KLR)

The court held that the pendency of divorce proceedings in a foreign court (Italy) does not bar the Kenyan court from hearing and determining the divorce cause, as provided by Section 6 of the Civil Procedure Act. The court further found that jurisdiction in matrimonial causes is guided by the law of domicile, and since the petitioner is domiciled in Kenya and both parties have resided in Kenya, the High Court of Kenya has jurisdiction to entertain the divorce petition. The court also determined that registration of the foreign marriage in Kenya is not a prerequisite for jurisdiction, as there is no statutory requirement for such registration under the Marriage Act for foreigners married...

Citation
[2016] KEHC 292 (KLR)
Parties
Applicant: E R; Respondent: E P
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
9 December 2016
Case Number
Divorce Cause 176 of 2014
Procedural Posture
Divorce Cause / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs to the petitioner
Judges
REA Ougo
Legal Topics
Foreign Marriage Recognition, Jurisdiction of Kenyan Courts, Domicile and Residency, Civil Marriage, Registration of Foreign Marriages
Source Language
English
Family and Children Foreign Marriage Recognition Jurisdiction of Kenyan Courts Domicile and Residency Civil Marriage Registration of Foreign Marriages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

E R

Applicant

E P

Respondent

Procedural Posture

Divorce Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court of Kenya has jurisdiction to hear and determine a divorce petition concerning a marriage celebrated in Italy between foreign nationals domiciled in Kenya.
  2. 2 Whether the pendency of divorce proceedings in an Italian court bars the Kenyan court from proceeding with the divorce cause.
  3. 3 Whether registration of a foreign marriage in Kenya is a prerequisite for the Kenyan court to assume jurisdiction over its dissolution.

Ratio Decidendi

The court held that the pendency of divorce proceedings in a foreign court (Italy) does not bar the Kenyan court from hearing and determining the divorce cause, as provided by Section 6 of the Civil Procedure Act. The court further found that jurisdiction in matrimonial causes is guided by the law of domicile, and since the petitioner is domiciled in Kenya and both parties have resided in Kenya, the High Court of Kenya has jurisdiction to entertain the divorce petition. The court also determined that registration of the foreign marriage in Kenya is not a prerequisite for jurisdiction, as there is no statutory requirement for such registration under the Marriage Act for foreigners married...

Court Disposition

preliminary objection dismissed with costs to the petitioner

Orders

  • The preliminary objection is dismissed with costs to the petitioner.