[2014] KEHC 7251 (KLR)
The court considered the statutory cap on alimony pendente lite (one fifth of the husband's income), the parties' respective claims regarding income and expenses, and the fact that both parties reside in the matrimonial home with no rent burden on the applicant. The respondent pays school fees as per court orders,...
Source-derived case information.
- Citation
- [2014] KEHC 7251 (KLR)
- Parties
- Applicant: M C K; Respondent: K K K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 112 of 2011
- Procedural Posture
- Divorce Cause / Ruling on Application for Alimony Pendente Lite
- Outcome
- Application for alimony pendente lite partially allowed.
- Legal Topics
- Alimony Pendente Lite, Maintenance Orders, Matrimonial Causes, Spousal Support
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M C K
Applicant
K K K
Respondent
Procedural Posture
Divorce Cause / Ruling on Application for Alimony Pendente Lite
Legal Issues
- 1 Whether the applicant is entitled to alimony pendente lite from the respondent during the pendency of the divorce proceedings.
- 2 What amount of maintenance, if any, should be awarded to the applicant given the parties' respective incomes and living arrangements.
Ratio Decidendi
The court considered the statutory cap on alimony pendente lite (one fifth of the husband's income), the parties' respective claims regarding income and expenses, and the fact that both parties reside in the matrimonial home with no rent burden on the applicant. The respondent pays school fees as per court orders, and there is insufficient evidence as to who bears the utility bills. The court found the difference between the parties' stated incomes not substantial and noted the applicant's employment and income. Balancing these factors, the court exercised its discretion to award the applicant maintenance at a rate lower than requested, setting it at Kshs.10,000 per month effective from...
Court Disposition
Application for alimony pendente lite partially allowed.
Orders
- The respondent shall pay to the applicant maintenance at the rate of Kshs.10,000 per month with effect from the date of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE NO. 112 OF 2011
M C K…………..................…….PETITIONER
VERSUS
K K K…………………………RESPONDENT
RULING
1. The application dated 9th October 2011 is for alimony pendete lite.It is premised on Section 25(1) of the Matrimonial Causes Act, Cap 152 law of Kenya, and Rules 3 and 44 of the Matrimonial Causes Rules.
2. The applicant is the petitioner in the divorce cause. The parties contracted a civil marriage on 24th April 1987.
The petitioner estimates the respondent’s monthly income to be Kshs. 100,000. 00 per month. She would like to be paid a fifth of that per month that income is to say Kshs.20,000. 00 per month.
3. The application was served on the respondent and he has filed his replies to it. He puts his monthly salary at Kshs.46,000. 00 and Kshs.30,000. 00 from other sources, putting his full monthly income at Kshs.76,000. 00. He states that he lives together with the applicant in the matrimonial home at Zimmerman estate, where the respondents settles the utility bills. He pays for food and pays school fees for the children.
4. To this the applicant has responded by her supplementary affidavit sworn on 21st January 2012. She contests that the respondent earns Kshs.76,000. 00 per month and that he meets all the monthly utility bills. She however concedes that they live together in the matrimonial home built by the respondent and therefore she incurs no expenses on rent. She also concedes that he meets the school fees for their children given that there are court orders compelling him to do so.
5. Under Rule 44 of the Matrimonial Causes Rules, the alimony pendete lite imposed by the court should not exceed 1/5 of the monthly income of the husband. This should also be after taking several factors into account.
6. In this case, I note that the applicant is in employment and having an income. She has always been in employment. She lives in the same house with respondent. It is the respondent who pays school fees. I note that there is a dispute as to who meets the utility bills. The respondent asserts that he meets all the bills but he has provided no evidence. The applicant has put him into strict proof, but has herself not provided proof that she absorbs the burden. I note too that the respondent puts his income at Kshs.76,000,00 per month, while the applicant estimates it to be at Kshs.100,000. 00 per month. The gap between the two is not so huge in my view.
7. Taking everything into account, I hereby order the respondent to pay to the applicant maintenance at the rate of Kshs.10,000. 00 per month with effect from the date of this ruling.
8. It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 31st DAY OF January, 2014.
W. MUSYOKA
JUDGE