Kenya Case Law

MKG v EG

MKG v EG [2021] KEHC 1438 (KLR)

Court

High Court

Case number

Petition 126 of 2017

The court held that the dispute regarding the sale or alienation of matrimonial property during the subsistence of marriage is governed by the Matrimonial Property Act, 2013, which requires the consent of both spouses and does not permit division or alienation unless the marriage is dissolved. The court found that the petition did not raise genuine constitutional issues but rather sought to circumvent statutory procedures. The preliminary objection was upheld on the basis that the orders sought could not be granted through a constitutional petition, and the proper forum for redress was under…

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• Matrimonial Property
• Division Of Property
• Constitutional Rights In Marriage
• Preliminary Objection
• Jurisdiction Of Court

PK v PK

PK v PK [2021] KEHC 5934 (KLR)

Court

High Court

Case number

Matrimonial Cause 4 of 2019

Judge

EM Muriithi

The High Court at Meru dismissed an application to review a matrimonial property judgment and to regain access to the suit property, finding no basis for review.

• Matrimonial Property
• Review Of Judgment
• Functus Officio
• Injunctions
• Constitutional Rights In Marriage
• Matrimonial-property

MNK alias MNP v POM

MNK alias MNP v POM [2020] KECA 869 (KLR)

Court

Court of Appeal

Case number

Civil Application 4 of 2019

Judges

S ole Kantai, FI Koome

The majority of the Court of Appeal (Kantai, JA and Karanja, JA) held that the issues raised by the applicant do not meet the threshold for certification as matters of general public importance under Article 163(4)(b) of the Constitution. The Court found that the central issues before the High Court and on appeal were factual—whether the applicant and respondent cohabited and acquired property during that period, and whether a presumption of marriage could be made. The Court determined that these were straightforward matters of private nature, not transcending the interests of the parties or…

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• Presumption Of Marriage
• Cohabitation And Property Rights
• Application Of Common Law
• Customary Law Vs Written Law
• Matrimonial Property Disputes
• Constitutional Rights In Marriage

S M M v R A Z & A M Z

S M M v R A Z & A M Z [2018] KEHC 5361 (KLR)

Court

High Court

Case number

Petition 29 of 2011

Judge

EM Muriithi

The court found that the petitioner failed to prove any direct or indirect contribution to the acquisition of the Mariakani property, which was solely acquired and registered by the 1st respondent. Under the Matrimonial Property Act, only property acquired by spouses through their contributions qualifies as matrimonial property, and this does not extend to property acquired by a co-wife in a polygamous marriage. The petitioner therefore had no legal or beneficial interest in the suit property and could not claim protection from eviction under section 12(3) of the Act. The court further held t…

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• Matrimonial Property
• Polygamous Marriage Rights
• Eviction Of Spouse
• Beneficial Interest
• Maintenance Of Spouse
• Constitutional Rights In Marriage

B M M v E G M

B M M v E G M [2017] KEHC 5847 (KLR)

Court

High Court

Case number

Civil Suit 79 of 2013

Judges

DN Musyoka, MW Muigai

The High Court held that assets acquired during marriage should be divided equally where neither spouse proved their contribution, applying Article 45(3).

• Matrimonial Property
• Division Of Assets
• Contribution To Property
• Constitutional Rights In Marriage
• Matrimonial-property
• Division-of-assets

W K K v R C T

W K K v R C T [2017] KEHC 762 (KLR)

Court

High Court

Case number

Civil Appeal 11 of 2015

Judge

GO Shikwe

The court held that, notwithstanding the divorce under Kipsigis customary law, the respondent retained rights to the matrimonial property by virtue of constitutional and statutory provisions that guarantee equal rights to parties in a marriage at all stages, including dissolution. The court found that customary law cannot override written law or the Constitution, which provide for equality and protection of matrimonial property rights. The appellant's claim for eviction was therefore inconsistent with these legal standards, and the respondent could not be treated as a trespasser solely on the…

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• Matrimonial Property Rights
• Customary Law Divorce
• Eviction Orders
• Constitutional Rights In Marriage

M W W v S W M

M W W v S W M [2016] KEHC 4113 (KLR)

Court

High Court

Case number

Civil Case 101 of 2010

The court found that although the properties were registered solely in the defendant's name, they were all acquired during the marriage, and the plaintiff made significant non-monetary contributions by managing the home, caring for the children, and overseeing the family farm. The court held that under section 17 of the Married Women’s Property Act, 1882, as interpreted in light of Article 45(3) of the Constitution of Kenya, 2010, both monetary and non-monetary contributions must be considered. The Constitution's guarantee of equal rights to spouses at the dissolution of marriage requires tha…

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• Matrimonial Property
• Division Of Property
• Trusts In Marriage
• Joint Ownership
• Constitutional Rights In Marriage

N.C.K v G.V.K

N.C.K v G.V.K [2015] KEHC 7947 (KLR)

Court

High Court

Case number

Civil Suit 66 of 2012

Judges

AO Muchelule, MW Muigai

The court held that it lacked jurisdiction under section 7 of the Matrimonial Property Act 2013 to divide matrimonial property between spouses during unbroken coverture. Section 7 only permits division of matrimonial property upon divorce or dissolution of marriage. The applicant’s originating summons, although initially brought under the Married Women’s Property Act (1882), was amended to rely on section 7 of the Matrimonial Property Act 2013, which does not provide for division of property while the marriage subsists. The court further noted that any challenge to the constitutionality of se…

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• Matrimonial Property
• Division Of Property
• Jurisdiction Of Court
• Beneficial Interest
• Constitutional Rights In Marriage

T M N v N N

T M N v N N [2015] KEHC 5397 (KLR)

Court

High Court

Case number

Environment & Land Case 256 of 2013

Judge

BN Olao

The High Court held that a wife’s indirect contribution to matrimonial property could justify an equal share, and ordered two identified parcels to be divided or sold.

• Matrimonial Property Distribution
• Customary Marriage
• Indirect Contribution
• Trusts In Matrimonial Property
• Division Of Land
• Constitutional Rights In Marriage

U M M v I M M

U M M v I M M [2014] KEHC 7534 (KLR)

Court

High Court

Case number

Civil Suit 39 of 2012

Judge

F Tuiyott

The High Court held matrimonial property division is based on proved monetary and non-monetary contribution, not an automatic 50:50 split under article 45(3).

• Matrimonial Property Division
• Non Monetary Contribution
• Constitutional Rights In Marriage
• Retrospective Application Of Law
• Matrimonial-property
• Non-monetary-contribution