[2014] KEHC 8504 (KLR)
The court held that since the marriage between the applicant and the respondent was contracted under the Marriage Act (Cap. 150), and the certificate of marriage was issued pursuant to that Act, only the High Court has jurisdiction to hear and determine the matrimonial cause. The Chief Magistrate's Court lacked...
Source-derived case information.
- Citation
- [2014] KEHC 8504 (KLR)
- Parties
- Applicant: F K K; Respondent: A W M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 81 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed; suit transferred to High Court Family Division.
- Judges
- AO Muchelule
- Legal Topics
- Matrimonial Causes Jurisdiction, Transfer of Suit, Marriage Act Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
F K K
Applicant
A W M
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine matrimonial causes under the Marriage Act (Cap. 150).
- 2 Whether Divorce Cause No. 353 of 2013 should be transferred from the Chief Magistrate's Court to the High Court.
Ratio Decidendi
The court held that since the marriage between the applicant and the respondent was contracted under the Marriage Act (Cap. 150), and the certificate of marriage was issued pursuant to that Act, only the High Court has jurisdiction to hear and determine the matrimonial cause. The Chief Magistrate's Court lacked jurisdiction in this matter. Accordingly, the application to transfer Divorce Cause No. 353 of 2013 from the Chief Magistrate's Court to the High Court Family Division was allowed to ensure the matter is heard by the proper forum.
Court Disposition
Application allowed; suit transferred to High Court Family Division.
Orders
- Divorce Cause No. 353 of 2013 pending before the Chief Magistrate's Court in Nairobi is transferred to the High Court Family Division for hearing and determination.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
MISC. NO. 81 OF 2014
(DIVORCE CAUSE NO. 353 OF 2013)
F K K.......................PETITIONER
VERSUS
A W M................................RESPONDENT
RULING
I allow the petitioner’s/applicant’s application dated 23rd April 2014 and filed in this Court on 24th April 2014. This is because the marriage between him and the respondent was provided to have been contracted under the Marriage Act (Cap. 150), and the certificate of marriage issued by the Registrar was indicated to be in pursuance of the Act. Under section 3 of the Matrimonial Causes Act (Cap. 152) it is only the High Court that has jurisdiction to handle a matrimonial cause under the Marriage Act.
It is hereby directed that the Chief Magistrate’s Court in Nairobi Divorce Cause No. 353 of 2013 between the applicant and the respondent be transferred to this Division for hearing and determination.
Costs shall be in cause.
DATED and DELIVERED at NAIROBI this 27th November, 2014.
A.O. MUCHELULE
JUDGE