[2022] KEHC 11033 (KLR)
The court found that the applicant and respondent were married in Kenya and that the marriage was dissolved by a competent foreign court in Wisconsin, USA. The applicant provided evidence of the foreign decree and satisfied the statutory requirements under sections 61 and 67 of the Marriage Act 2014. There was no...
Source-derived case information.
- Citation
- [2022] KEHC 11033 (KLR)
- Parties
- Applicant: LNG; Respondent: BNO
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Divorce Miscellaneous Cause 20 of 2021
- Procedural Posture
- Divorce Miscellaneous Cause / Ruling on Application for Recognition of Foreign Divorce Decree
- Outcome
- Application allowed. Foreign divorce decree recognized and adopted.
- Judges
- EKO Ogola
- Legal Topics
- Recognition of Foreign Divorce, Marriage Dissolution, Registration of Foreign Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LNG
Applicant
BNO
Respondent
Procedural Posture
Divorce Miscellaneous Cause / Ruling on Application for Recognition of Foreign Divorce Decree
Legal Issues
- 1 Whether a foreign divorce decree granted by a court in the United States can be recognized and adopted by a Kenyan court.
- 2 Whether the application meets the statutory requirements under the Marriage Act 2014 for recognition of foreign matrimonial decrees.
Ratio Decidendi
The court found that the applicant and respondent were married in Kenya and that the marriage was dissolved by a competent foreign court in Wisconsin, USA. The applicant provided evidence of the foreign decree and satisfied the statutory requirements under sections 61 and 67 of the Marriage Act 2014. There was no opposition from the respondent. The court held that foreign judgments annulling marriages or dealing with matrimonial proceedings are recognized in Kenya if the statutory conditions are met. Therefore, the court recognized and adopted the foreign divorce decree as prayed.
Court Disposition
Application allowed. Foreign divorce decree recognized and adopted.
Orders
- The court recognizes and adopts the divorce decree given to the applicant and the respondent in Circuit Court, Family Branch at the State of Wisconsin, USA, on 28th February 2018.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
LNG v BNO (Divorce Miscellaneous Cause 20 of 2021) [2022] KEHC 11033 (KLR) (25 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11033 (KLR)
Republic of Kenya
In the High Court at Eldoret
Divorce Miscellaneous Cause 20 of 2021
EKO Ogola, J
July 25, 2022
Between
LNG
Applicant
and
BNO
Respondent
Ruling
1. By way of Notice of Motion dated 28th October 2021 the applicant seeks the following orders;1)Spent2)The Honourable court recognizes and adopts the divorce decree given to the applicant and the Respondent herein in circuit court, family branch at the State of Wisconsin in the United States of America before the Judge of Circuit Court, Hon, Rod Smeltzer on the 28th of February 2018.
2. The application is based on the grounds contained therein and the supporting affidavit sworn by the Applicant.
3. The Applicant’s case is that the parties herein entered into a marriage under the laws of Kenya and the marriage was celebrated in Kenya on 4th August 2013. The Applicant relocated to the State of Wisconsin in the United States of America where she is currently resident. The marriage between the parties hit a rock and the applicant lodged Divorce Cause vide Case No. 17FA166 before the court at the State of Wisconsin seeking dissolution of the above marriage. The circuit court, family branch granted the divorce and issued a decree dissolving the marriage on 28th February 2018.
4. The Applicant herein wishes to have the above-mentioned decree to be duly recognized in Kenya being her home country to avoid any uncertainty on her marital status.
5. The Applicant sought leave to serve the Respondent herein vide substituted service which leave was granted by the Court on 20th December 2021 and the Applicant duly served the Respondent.
6. I note that the Applicant annexed a copy of the decree dissolving the marriage on 28th February 2018 as LNG-3. The same is annexed to the affidavit in support of the application.
7. Section 61 of the Marriage Act 2014 provides that:(1)– “where a marriage celebrated in Kenya is annulled or dissolved by a decree of a foreign court, any party to the annulled or dissolved marriage may apply to the registrar to register the decree”.
8. The Application is further expressed to be brought under section 67 of the Marriage Act No. 24 of 2014 which states as follows:Where a foreign court has granted a decree in matrimonial proceedings whether arising out of a marriage celebrated in Kenya or elsewhere, that decree shall be recognized in Kenya if—(a)either party is domiciled in the country where that court has jurisdiction or had been ordinarily resident in Kenya for at least two years immediately preceding the date of institution of proceedings;(b)Being a decree of annulment, divorce or separation, it is effective in the country of domicile of the parties or either of them.
9. It is therefore clear that under the Marriage Act 2014, foreign judgments annulling marriages or generally dealing with matrimonial proceedings are recognized in Kenya and the prayers herein are properly sought and therefore allowed in terms of prayer No. 2 to the effect that:1)This honourable court recognizes and adopts the divorce decree given to the applicant and the respondent herein in Circuit Court, Family Branch at the State of Wisconsin in the United States of America before the judge of Circuit Court, Hon, Rod Smeltzer on the 28th of February 2018. 2)Costs shall be in the cause.
DATED, SIGNED AND DELIVERED AT ELDORET THIS 25TH OF JULY 2022E. K. OGOLAJUDGE