[2025] KEHC 10253 (KLR)

[2025] KEHC 10253 (KLR)

The court found that both parties contributed to the acquisition of the matrimonial properties, with the Respondent making the larger monetary contribution through a loan repaid from his salary, and the Petitioner making both monetary (through a loan of Ksh.1,300,000) and non-monetary contributions (child care, paying rent, and school fees). The properties were acquired during the marriage and thus qualify as matrimonial property. The law requires division based on contribution, both monetary and non-monetary. However, the Petitioner failed to provide sufficient evidence to warrant sole ownership of the remaining property. The court held that the remaining property should be divided...

Citation
[2025] KEHC 10253 (KLR)
Parties
Applicant: EMW; Respondent: BKO
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Judgment Date
11 July 2025
Case Number
Matrimonial Cause E15 of 2021
Procedural Posture
Matrimonial Cause / Judgment
Outcome
partially allowed
Judges
A Mshila
Legal Topics
Matrimonial Property, Division of Property, Monetary Contribution, Non Monetary Contribution, Joint Ownership, Custody and Maintenance
Source Language
English
Family and Children Matrimonial Property Division of Property Monetary Contribution Non Monetary Contribution Joint Ownership Custody and Maintenance

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Parties

EMW

Applicant

BKO

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the Petitioner contributed towards the acquisition of the suit properties.
  2. 2 Whether the prayers sought by the Petitioner should be granted.

Ratio Decidendi

The court found that both parties contributed to the acquisition of the matrimonial properties, with the Respondent making the larger monetary contribution through a loan repaid from his salary, and the Petitioner making both monetary (through a loan of Ksh.1,300,000) and non-monetary contributions (child care, paying rent, and school fees). The properties were acquired during the marriage and thus qualify as matrimonial property. The law requires division based on contribution, both monetary and non-monetary. However, the Petitioner failed to provide sufficient evidence to warrant sole ownership of the remaining property. The court held that the remaining property should be divided...

Court Disposition

partially allowed

Orders

  • The Petitioner and Respondent to divide the remaining matrimonial property, Kamiti/Anmer/Block XXXX, equally on a 50:50 ratio.
  • Each party to bear their own costs.