TWK v MMK (Originating Summons E041 of 2024) [2026] KEHC 6100 (KLR) (7 May 2026) (Ruling)

Source-derived case information.

Citation: [2026] KEHC 6100 (KLR)
Parties: Petitioner: TWK; Respondent: MMK
Court: High Court
Jurisdiction: Kenya
Case Number: Originating Summons E041 of 2024
Procedural Posture: Originating Summons in a Matrimonial Property Dispute / Interlocutory Ruling on Three Competing Applications for Preservation and Related Interim Orders
Outcome: Partly allowed with preservation orders; rental-income-in-court request declined
Judges: ["HK Chemitei"]
Legal Topics: Preservation of Matrimonial Property, Injunctions, Inhibition and Restriction on Dealings With Land, Custody of Title Documents, Rental Income Pending Suit, Status Quo Orders, Viva Voce Hearing
Source Language: en

Family Law Matrimonial Property Civil Procedure Land Law Preservation of Matrimonial Property Injunctions Inhibition and Restriction on Dealings With Land Custody of Title Documents +3 more

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 5 Party arguments 2 Amounts and remedies 1

Parties

TWK

Petitioner

MMK

Respondent

Procedural Posture

Originating Summons in a Matrimonial Property Dispute / Interlocutory Ruling on Three Competing Applications for Preservation and Related Interim Orders

Legal Issues

1 Whether the listed properties are matrimonial property and should be preserved pending trial
2 Whether either party should be restrained from selling, charging, leasing, or otherwise dealing with the properties
3 Whether original title documents should be deposited with the court for safe keeping

Ratio Decidendi

The judge held that the applications raised serious disputed issues about whether the properties were matrimonial and how they should be protected, but those issues required oral evidence at trial. Pending that determination, the court exercised protective jurisdiction by freezing dealings with the listed properties, directing deposit of original titles with the Deputy Registrar, and restraining land registries from recording any transfer, lease, charge, or other entry without court authority. The court declined to order rental income deposited in court because that burden was unnecessary and each party appeared to already control and benefit from some income streams.

Court Disposition

Partly allowed with preservation orders; rental-income-in-court request declined

Orders

No leasing, selling, charging, or other dealings with the listed properties, or any other known or unknown properties in the names of either party, pending determination of the suit.
Both parties shall deliver all original titles or official instruments they hold to the Deputy Registrar within 21 days for safe keeping.

Full Case Text

Judgment text and source record

1 paragraphs

TWK v MMK (Originating Summons E041 of 2024) [2026] KEHC 6100 (KLR) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 6100 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Originating Summons E041 of 2024 HK Chemitei, J May 7, 2026 Between TWK Petitioner and MMK Respondent Ruling 1.Before the Court are three sets of applications. 2.The first application by the Petitioner Teresa Wambui Kimotho dated 15th July 2024 seeks the following orders:-(a)That pending the hearing of this suit the court do direct that all rental income from Ruiru/Mugutha Block 1/T.931 And Mavoko Town BLock 2-88 Plot No 16 be deposited in court.(b)That pending the hearing and determination of this suit the Respondent be restrained from selling harassing tenants or in any other way dealing with the matrimonial properties namely Ruiru/Mugutha Block 1/T.931, Ngong/Ngong/30468, Mavoko Town BLock 2-88Plot No 16, Donyo Sabuk/ Komarock Block 1/97404A, Kajiado/ Kitengela/52808, Kajiado/Kitengela/52809, Kajiado/Kitengela/52810,Nyandarua/Kaharuru/9174, Nyandarua/Kaharuru/10357 AND Nyandarua/Ngorika.(c)That the honorable court be pleased to issue a declaration that Ruiru/Mugutha Block 1/T.931, Ngong/Ngong/30468, Mavoko Town BLock 2-88PLOT NO 16, Donyo Sabuk /Komarock Block 1/97404A, Kajiado/Kitengela/52808, Kajiado/ Kitengela/52809, Kajiado/Kitengela/52810, Nyandarua/Kaharuru/9174, Nyandarua/Kaharuru/10357 And Nyandarua /Ngorika are all matrimonial properties.(d)That the honorable court be pleased to issue a declaration that titles numbers Ruiru/Mugutha Block 1/T.931, Ngong /Ngong /30468, Mavoko Town BLock 2-88Plot No 16, Donyo Sabuk/ Komarock Block 1/97404A, Kajiado/Kitengela/ 52808, Kajiado/Kitengela/52809, Kajiado/ Kitengela/52810, Nyandarua/Kaharuru/9174, Nyandarua/Kaharuru/10357 AND Nyandarua/ Ngorika are held by the Respondent beneficially and or in trust for the Applicant .(e)That property Kiambogo/Kiambogo BLOCK 2/8267, Mavoko Plot No 413/2/49, Mavoko Plot No. 414/2/49, Dundori/Lanet/899 ANd Dundori/ Lanet Block 5/30 Uasin Gishu/kimumu Scheme/ 5726 And Land In Lanet Measuring ¼ Plot And 3 Plots be declared as matrimonial property and divided equally between the Applicant and the Respondent taking into consideration the property already sold by the Respondent.(f)Costs be awarded. 3.The application is based on the sworn affidavit of the Applicant dated the same date together with the annexures thereto and the grounds thereof. 4.The second application dated 2nd October 2024 by Moses Murugu Karitu prays for orders that:-(a)A temporary injunction do issue prohibiting the Respondent Teresa Wambui Kimotho from disposing the properties namely Ngong/Ngong/30468, Kajiado/Kitengela/52808, Kajiado/Kitengela/ 52809, Kajiado/Kitengela/52810, Kajiado/ Kitengela/52811, Nyandarua/Kaharuru/9174, Nyandarua/Kaharuru/10357, Donyo Sabuk Komarock Block 1/87404, Mavoko Town BLock 2-88 Plot No. 16 And Makonga 60 X 40 (Certificate) pending the determination of the originating summons.(b)An order be issued compelling the Petitioner/ Respondent to immediately surrender all the original title documents of the suit premises namely Ngong/Ngong/30468, Kajiado/Kitengela/52808 Kajiado/Kitengela/52809, Kajiado/Kitengela/ 52810,Kajiado/Kitengela/52811, Nyandarua/Kaharuru/9174, Nyandarua/Kaharuru/10357, Donyo Sabuk Komarock Block 1/87404, Mavoko Town BLock 2-88 Plot No 16 And Makonga 60x40 (certificate ) for safe keeping by the court pending the hearing and the determination of the suit.(c)That pending the determination of the suit the court do direct that all rental income from Ngong/Ngong/ 30468 be deposited in Court.(d)The honorable court do direct the Petitioner to vacate the Respondent’s property Ngong/Ngong/30468.(e)The OCS Ngong police station to ensure compliance of these orders. 5.The application is based on the grounds thereof and the sworn affidavit of the Applicant dated the same date. 6.The 3rd application by the Respondent Moses Murugu Karitu is dated 27th February 2025 in which he seeks orders that:-(a)A temporary injunction be issued against the Respondent/Petitioner her servants and or agents from charging, transferring the following properties namely Ruiru/Mugutha Block 1/T.931, Ruiru/ Mugutha Block 1/T.4347 AND Ruiru/Mugutha Block 1/T.4348 pending the hearing and determination of the suit.(b)An order of status quo do issue to the Land Registrar Ruiru to preserve the suit premises namely Ruiru/ Mugutha Block 1/T.931, Ruiru/Mugutha Block 1/T.4347 AND Ruiru/Mugutha Block 1/T.4348 pending the hearing and determination of this suit.(c)An inhibition order be issued compelling the Land Registrar Ruiru land registry from registering charges or transfer om the suit properties namely Ruiru/Mugutha Block 1/T.931, Ruiru/Mugutha Block 1/T.4347 AND Ruiru/Mugutha Block 1/T.4348 pending the determination of the suit, 5.The application is based on the grounds thereof and the sworn affidavits of the Applicant of even date together with the annexures thereto. 6.The parties have responded to the three applications by way of affidavits and they have also filed submissions as directed by the court. 7.What is on record are the replying affidavits of Moses dated 2nd October 2024 in respect to Teresa’s application dated 15th July 2024, Teresa’s replying affidavits dated 25th November 2024 in response to the application dated 2nd October 2024 and a further affidavit sworn on 25th November 2025 and also her replying affidavit dated 9th June 2025 in response to the application dated 27th February 2025. 8.The parties as stated earlier have filed written submissions which I have perused the same carefully together with the respective cited authorities. 9.Without belaboring the point, what runs across the three applications is the need to preserve the alleged matrimonial properties pending the determination of the suit which is anchored on the question of whether or not all the listed properties are matrimonial. 10.The other issue is the need to protect the same against each other’s probable intentions of selling or charging any of the above properties before the finalization of the suit. 11.There is also the question of rent collection from the rented-out premises which either of the parties feel that the rent ought to be placed in one pool, namely, the court pending the determination of the suit. 12.Finally, is the integrity of the titles, namely, whether they ought to be placed in one central place pending the determination of the suit. 13.In my view the issues raised in all the applications are weighty and can only be discussed at the level of oral hearing and not necessarily at this interlocutory stage. Each of them is flexing their respective muscles and laying claim on the properties stating that they are matrimonial. The annexures on record must be subjected to scrutiny through cross examination. 14.Suffice to state that at this juncture it is prudent to protect the same and ensure that none steals a match against another either through disposal or charging or in any adverse way. 15.At the same time, I do find the argument and prayers to place the original documents/titles under the care of a neutral party, namely, the Court to be reasonable in the circumstances considering the mistrust between the two. 16.On the question of rental income, I find that ordering the same to be paid to the court is too onerous in the circumstances. Apparently, each of them seems to control some part of the rented properties and earning some rent from it. 17.I have not seen the danger or prejudice if either hold on to what they have pending the outcome of the matter substantively. 18.The best way or approach in my view now that the same are protected is to ensure that each one of them stays and manages whatever they are possessing pending the determination of this cause. 19.This matter ought to be determined expeditiously so that the two parties can part ways as they did in the divorce proceedings. Luckily the two children are all adults and fending for themselves. 20.In the premises I direct that:(a)Pending the determination of this suit there shall be no leasing, selling, charging or in any other way by both the Petitioner and the Respondent of all the properties and in particular; Ngong/Ngong/30468, Kajiado/Kitengela/52808, Kajiado/Kitengela/ 52809, Kajiado/Kitengela/52810, Kajiado/ Kitengela/52811, Nyandarua/Kaharuru/9174, Nyandarua/Kaharuru/10357, Donyo Sabuk Komarock Block 1/87404, Mavoko Town BLock 2-88 Plot No. 16 And Makonga 60x40 (certificate) Ruiru/Mugutha Block 1/T.931, Ruiru/Mugutha Block 1/T.4347 AND Ruiru/ Mugutha Block 1/T.4348 or any other known or unknown properties in the names of either of the parties herein.(b)The parties shall deliver to the Deputy Registrar of this Court within the next 21 days the original titles or such official instruments of the properties mentioned in (a) above each holds for safe keeping pending the determination of the suit.(c)The Land Registrars in whichever registry, whether Ruiru or Kajiado or any of the land registries in the country the above titles is registered shall not permit transfer, leasing, charging or in any other manner permit any entry in the register of the above parcels of land, mentioned in (a) above unless authorised by this court.(d)The parties to fix this suit for hearing by way of viva voce evidence forthwith.(e)Costs shall await the outcome of the suit. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 7TH DAY OF MAY 2026.H K CHEMITEIJUDGE

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