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Kenya decisions
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JMM v LKM [2025] KEHC 8923 (KLR)
The High Court held that one land parcel and a motor vehicle were matrimonial property and ordered them sold or valued for equal sharing. Other land claims failed.
RMM v HKF [2025] KEHC 8370 (KLR)
The court found that the disputed properties, though acquired during the period surrounding the marriage, were registered in the name of Konrod Limited, whose shareholders were not the parties but third parties. The Applicant and Respondent were only directors with zero shares, and the Applicant failed to prove any monetary or non-monetary contribution towards the acquisition or improvement of the properties. The Respondent provided evidence of sole financial contribution and declarations of trust in his favour. The court held that company assets cannot be deemed matrimonial property unless t…
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HMM v AMR [2025] KEHC 3685 (KLR)
The court determined that the suit properties were matrimonial property acquired through joint efforts. The division of these properties, particularly the developed matrimonial home, would be based on the demonstrasted contribution of each party, with the court estimating the Plaintiff's contribution to the development of the matrimonial home to be 40% based on the evidence presented regarding joint accounts and construction instructions.
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NAO v CJAA [2025] KEHC 3000 (KLR)
The High Court at Siaya granted a temporary injunction preserving alleged matrimonial property pending determination of an originating summons.
NNN v DKC [2025] KEHC 288 (KLR)
The High Court found the parties’ divorce-related property dispute proved only as to one matrimonial asset, awarding the plaintiff a 20% share and ordering valuation and buyout.
Ndege v Gakuo [2024] KEHC 11892 (KLR)
The court found that although the property in question was acquired during the subsistence of the marriage, the Applicant provided uncontroverted evidence that she solely purchased and developed the property without any contribution from the Respondent. Any funds sent by the Respondent were refunded upon his demand, negating any claim of contribution. The presumption of joint ownership under Section 14 of the Matrimonial Property Act was rebutted by the Applicant's evidence of exclusive acquisition and development. The Respondent's failure to participate or controvert the Applicant's evidence…
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JKR v JCR [2024] KEHC 10095 (KLR)
The High Court at Eldoret dismissed an originating summons in a matrimonial property dispute for want of prosecution after unexplained delay.
VWK v JKM [2024] KEHC 9670 (KLR)
The High Court partly allowed a matrimonial property claim, awarding the applicant 50% of the value of the Kamiti land but excluding developments.
King’oo v Mutuku [2024] KEHC 10383 (KLR)
The High Court at Machakos declined further interim orders over alleged matrimonial properties and maintained the status quo pending an inter partes hearing.
TNI v AN [2024] KEHC 8540 (KLR)
The High Court at Chuka held that the applicant proved contribution to matrimonial property and awarded her a 50% beneficial interest in specified assets.
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