[2025] KEHC 7917 (KLR)

Parties

Procedural Posture

Matrimonial Cause / Ruling on Interlocutory Applications for Injunction and Contempt

Legal Issues

1. 1 Whether the court should issue an injunction restraining the respondent from selling or alienating land parcel Gaturi/Githimu/5XX9 and other properties pending determination of the matrimonial cause.
2. 2 Whether the respondent should be held in contempt of court and sentenced to civil jail.

Ratio Decidendi

The court found that both parties have joint rights to the matrimonial home and that the applicant established a prima facie case for injunctive relief to prevent alienation of the property pending the determination of the main matrimonial cause. The evidence, including threats and intent to commercialize the property, justified the issuance of a temporary injunction. However, the court declined to grant exclusive occupation or contempt orders, noting that both parties currently share the house (on different floors) and that contempt was not sufficiently established. The status quo—joint occupation as previously arranged—was ordered to be maintained until the substantive suit is resolved....

Court Disposition

applications partially allowed

Orders

• A temporary injunction is issued restraining the respondent from alienating land parcel Gaturi/Githimu/5XX9 and all other properties in the cause until the substantive matrimonial cause is heard and determined.
• Pending hearing and determination of the matrimonial cause, both parties shall access the house on Gaturi/Githimu/5XX9 as follows: respondent to use the ground floor, applicant to use the first floor.