[2021] KEHC 2101 (KLR)

[2021] KEHC 2101 (KLR)

The court found that the requirements under section 67 of the Marriage Act were satisfied because the parties were domiciled in Canada at the time of the divorce and the decree was effective in the country of domicile. There was no evidence to suggest the Canadian court lacked jurisdiction. The court clarified that recognition of a foreign divorce decree is distinct from registration, but both are permissible under Kenyan law. Since the Respondent supported the application and all statutory requirements were met, the court recognized and adopted the Canadian Certificate of Divorce as an order of the Kenyan High Court. No order as to costs was made.

Citation
[2021] KEHC 2101 (KLR)
Parties
Applicant: JOO; Respondent: NAO
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 November 2021
Case Number
Miscellaneous Application E056 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Notice of Motion for Recognition and Adoption of Foreign Divorce Decree
Outcome
application allowed
Legal Topics
Recognition of Foreign Divorce, Registration of Foreign Judgments, Domicile Requirements, Marriage Dissolution
Source Language
English
Family and Children Recognition of Foreign Divorce Registration of Foreign Judgments Domicile Requirements Marriage Dissolution

Case Brief

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Parties

JOO

Applicant

NAO

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Notice of Motion for Recognition and Adoption of Foreign Divorce Decree

Legal Issues

  1. 1 Whether the Certificate of Divorce issued by the Superior Court at Montreal, Canada, should be recognized and adopted by the Kenyan High Court.
  2. 2 Whether the requirements under section 67 of the Marriage Act for recognition of a foreign divorce decree have been met.
  3. 3 Whether registration or recognition is the appropriate legal process for foreign divorce decrees in Kenya.

Ratio Decidendi

The court found that the requirements under section 67 of the Marriage Act were satisfied because the parties were domiciled in Canada at the time of the divorce and the decree was effective in the country of domicile. There was no evidence to suggest the Canadian court lacked jurisdiction. The court clarified that recognition of a foreign divorce decree is distinct from registration, but both are permissible under Kenyan law. Since the Respondent supported the application and all statutory requirements were met, the court recognized and adopted the Canadian Certificate of Divorce as an order of the Kenyan High Court. No order as to costs was made.

Court Disposition

application allowed

Orders

  • The Certificate of Divorce issued to NAO and JOO in the Superior Court at Montreal, Canada, is recognized and adopted as an order of this court.
  • There shall be no orders as to costs.