SBK v MK (Civil Appeal E116 of 2023) [2026] KEHC 4930 (KLR) (Family) (16 April 2026) (Ruling)

SBK v MK (Civil Appeal E116 of 2023) [2026] KEHC 4930 (KLR) (Family) (16 April 2026) (Ruling)

The application does not meet the threshold for certification under Article 165(4) of the Constitution as the issues raised are fact-specific, already under determination in other courts, and do not present exceptional complexity, novelty, or public importance. The matter is suitable for determination by a single judge.

Citation
[2026] KEHC 4930 (KLR)
Parties
Applicant: SBK; Respondent: MK
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 April 2026
Case Number
Civil Appeal E116 of 2023
Procedural Posture
Civil Appeal / Ruling on Application for Empanelment of Multi Judge Bench
Outcome
Application dismissed
Legal Topics
Protection Against Domestic Violence, Child Custody, Matrimonial Property, Empanelment of Multi Judge Bench, Jurisdiction
Source Language
English
Family Law Constitutional Law Protection Against Domestic Violence Child Custody Matrimonial Property Empanelment of Multi Judge Bench Jurisdiction

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Parties

SBK

Applicant

MK

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Empanelment of Multi Judge Bench

Legal Issues

  1. 1 Whether the petition raises a substantial question of law warranting certification under Article 165(4) of the Constitution for empanelment of a multi-judge bench

Ratio Decidendi

The application does not meet the threshold for certification under Article 165(4) of the Constitution as the issues raised are fact-specific, already under determination in other courts, and do not present exceptional complexity, novelty, or public importance. The matter is suitable for determination by a single judge.

Court Disposition

Application dismissed

Orders

  • The application dated 31st October, 2023 is dismissed.
  • The matter shall proceed before a single judge for hearing and determination on its merits.