[2022] KEKC 160 (KLR)

[2022] KEKC 160 (KLR)

The court found that the applicant failed to provide sufficient evidence to support the claim that the respondent destroyed her phone, and thus dismissed that prayer. However, given the history of discord and mutual mistrust between the parties, and in the interest of preventing further conflict, the court granted a restraining order against the respondent from lingering around the applicant's residence and workplace, except as necessary for child access as directed by the court. The court held that procedural irregularities in filing the application were not fatal since both parties had an opportunity to present their cases, upholding the right to access to justice. Each party was...

Citation
[2022] KEKC 160 (KLR)
Parties
Applicant: SSA; Respondent: DMK
Court
Kadhis Courts
Court Station
Kadhi’s Court at Upper Hill (Nairobi Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
1 December 2022
Case Number
Divorce Cause E152 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
Application partly allowed.
Judges
AH Athman
Legal Topics
Domestic Violence Protection, Child Access, Divorce Proceedings
Source Language
English
Family and Children Domestic Violence Protection Child Access Divorce Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

SSA

Applicant

DMK

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the applicant is entitled to protection orders restraining the respondent from hovering around her residence and workplace.
  2. 2 Whether the respondent should be compelled to pay for the alleged destruction of the applicant's phone.
  3. 3 Whether the application is properly before the court despite procedural technicalities.

Ratio Decidendi

The court found that the applicant failed to provide sufficient evidence to support the claim that the respondent destroyed her phone, and thus dismissed that prayer. However, given the history of discord and mutual mistrust between the parties, and in the interest of preventing further conflict, the court granted a restraining order against the respondent from lingering around the applicant's residence and workplace, except as necessary for child access as directed by the court. The court held that procedural irregularities in filing the application were not fatal since both parties had an opportunity to present their cases, upholding the right to access to justice. Each party was...

Court Disposition

Application partly allowed.

Orders

  • The respondent is restrained from lingering around the applicant's place of work and/or residence except as strictly necessary for child access pursuant to court directions in KCDC XXXX of 2021.
  • The claim for compensation for the destroyed phone is dismissed.