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Kenya decisions
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Shah v Shah [2025] KEHC 3551 (KLR)
The High Court granted leave to appeal out of time, deemed the memorandum of appeal duly filed and served, and ordered the record of appeal filed within 60 days.
ROE v AASV [2024] KEHC 15586 (KLR)
The High Court dismissed a family appeal seeking alimony, holding that maintenance is discretionary and the appellant failed to prove need with evidence.
CKD v KBKD [2023] KEMC 24 (KLR)
The court found that the marriage had irretrievably broken down as contemplated under section 70 of the Marriage Act, 2014. The court considered the particulars of cruelty and irreconcilable differences as outlined in the petition, the length of physical separation, and the unequivocal lack of intention by both parties to salvage the marriage. Citing relevant case law, the court held that marriage is a voluntary union and cannot be sustained by compulsion where love and intention to continue the union are absent. The court therefore allowed the petition for divorce, dissolved the marriage, an…
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GRD v RD [2023] KEMC 196 (KLR)
The court dissolved the marriage between GRD and RD for irretrievable breakdown and awarded monthly alimony at the Nairobi residential housekeeper minimum wage.
EGE v DKK [2023] KEHC 21761 (KLR)
The court found that the applicant failed to demonstrate exceptional circumstances such as duress, mistake, or a material change in circumstances that would justify reviewing or setting aside the consent orders of March 23, 2016 and October 16, 2019. The agreements were entered into voluntarily, in the presence of advocates, and were mindful of the applicant's financial capacity by capping remittances at 60% of his income. The court emphasized that the best interests of the child remain paramount and that the Children Act allows for extension of parental responsibility to support a child thro…
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EM v CNO [2023] KEMC 175 (KLR)
A Kenyan magistrate dissolved a marriage after finding irretrievable breakdown, and declined alimony for lack of proof of dependency.
GKM v NNP [2023] KEMC 140 (KLR)
The court dissolved the parties’ marriage for irretrievable breakdown and desertion, declined alimony for lack of evidence of means, and directed child maintenance to the Children Court.
AN v SG [2023] KEMC 137 (KLR)
The court dissolved a Christian marriage after finding irretrievable breakdown, five years’ separation, and no intention to salvage the union. No alimony was awarded.
WM v RM [2023] KEMC 104 (KLR)
The court dissolved the parties’ marriage, finding irretrievable breakdown under section 65 of the Marriage Act, 2014, and made no order on alimony.
SNG v SN [2023] KEMC 98 (KLR)
The court found that the petitioner had established grounds for divorce under Section 65 of the Marriage Act 2014, specifically cruelty, desertion, and irretrievable breakdown of the marriage. The respondent was duly served but did not participate in the proceedings, and the evidence in the petition was unchallenged. The court emphasized that marriage is a voluntary union and cannot be sustained where one party has no intention to continue. On alimony, the court held that although the petitioner did not provide documentary proof of her maintenance needs, she is entitled to maintenance at the…
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