[2025] KEHC 8366 (KLR)

[2025] KEHC 8366 (KLR)

The court found that the properties listed by the applicant, including land parcels, rental houses, livestock, vehicles, and a motorcycle, were acquired during the marriage and thus constitute matrimonial property under the Matrimonial Property Act. Both parties made monetary and non-monetary contributions to their acquisition and development, but the exact proportions were unascertainable. The court applied the principle of equality is equity, holding that the parties are entitled to an equal 50:50 share of the matrimonial property. Properties acquired before marriage or solely owned by third parties were excluded. The court ordered valuation of the properties and provided for either...

Citation
[2025] KEHC 8366 (KLR)
Parties
Applicant: MK; Respondent: NN
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
20 May 2025
Case Number
Family Originating Summons E013 of 2023
Procedural Posture
Family Originating Summons / Judgment
Outcome
Claim allowed in part; properties declared matrimonial and to be divided equally.
Judges
G Mutai
Legal Topics
Matrimonial Property, Division of Property, Monetary and Non Monetary Contribution, Ownership of Assets, Dissolution of Marriage
Source Language
English
Family and Children Matrimonial Property Division of Property Monetary and Non Monetary Contribution Ownership of Assets Dissolution of Marriage

Case Brief

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Parties

MK

Applicant

NN

Respondent

Procedural Posture

Family Originating Summons / Judgment

Legal Issues

  1. 1 Whether the properties listed constitute matrimonial property acquired during the marriage.
  2. 2 Whether the applicant contributed to the acquisition and development of the properties.
  3. 3 How the matrimonial property should be divided upon dissolution of marriage.

Ratio Decidendi

The court found that the properties listed by the applicant, including land parcels, rental houses, livestock, vehicles, and a motorcycle, were acquired during the marriage and thus constitute matrimonial property under the Matrimonial Property Act. Both parties made monetary and non-monetary contributions to their acquisition and development, but the exact proportions were unascertainable. The court applied the principle of equality is equity, holding that the parties are entitled to an equal 50:50 share of the matrimonial property. Properties acquired before marriage or solely owned by third parties were excluded. The court ordered valuation of the properties and provided for either...

Court Disposition

Claim allowed in part; properties declared matrimonial and to be divided equally.

Orders

  • The following properties are declared matrimonial property: (i) Matrimonial home on Title Number Kwale/Shimoni Village Squatter Scheme/6X9; (ii) Title Number Kwale/Shimoni Village Squatter Scheme/X5; (iii) Title Number Kwale/Shimoni Village Squatter Scheme/2X8; (iv) Plot with rental houses bordering Bamba Sub County...
  • The parties are entitled to an equal share of the above properties on a 50:50 basis.