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Kenya decisions
Decisions matching the current search
RAO v POO [2025] KEHC 6329 (KLR)
The High Court at Kisumu transferred this divorce cause from Maseno Law Courts to Kombewa Law Courts, citing access to justice and section 18 of the Civil Procedure Act.
DSS aka HSS v IMI [2025] KEHC 4527 (KLR)
The High Court declined to transfer a divorce cause from the Kadhi’s Court, finding no proof of changed religion and holding the application was brought too late.
Joseph v Adam [2024] KEHC 8521 (KLR)
The High Court held that Kenyan courts lack jurisdiction to entertain a divorce petition where both parties have been domiciled outside Kenya for over twenty years. The court found that domicile is a critical factor in determining jurisdiction in matrimonial causes, and both parties had established Rwanda as their country of domicile. The Marriage Act and repealed Matrimonial Causes Act emphasize the importance of domicile or ordinary residence for jurisdiction. The court also found that the doctrine of res judicata did not apply as there was no evidence that the Rwandan proceedings had been…
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TSJ v EG [2024] KEHC 7470 (KLR)
High Court ruling admitting an out-of-time divorce appeal, staying lower-court proceedings, and reserving the jurisdiction issue for the appeal.
PK v SMK [2023] KEHC 21762 (KLR)
The High Court held that the trial magistrate erred in staying the Kenyan divorce proceedings solely because a similar suit was pending in India. Section 6 of the Civil Procedure Act, as interpreted by Kenyan courts, makes it clear that the existence of a foreign suit does not bar a Kenyan court from proceeding with a matter involving the same issues. The court emphasized that the risk of inconsistent decrees is addressed by the principle that once a marriage is dissolved by a competent court, subsequent proceedings elsewhere become redundant. The court also declined to be bound by the anti-s…
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CEA v BA [2022] KEHC 11237 (KLR)
The High Court held it lacked jurisdiction over the divorce cause and transferred the matter to the Chief Magistrate’s Court at Milimani for hearing and directions.
RMM v M a.k.a. JKM [2019] KEHC 7104 (KLR)
The High Court found that the marriage between the parties was contracted under Kamba customary law and not converted into an Islamic marriage as required by law. The parties' subsequent conversion to Islam did not alter the legal regime governing their marriage, as no formal ceremony or re-celebration under Islamic law occurred. The Kadhi's Court, therefore, lacked jurisdiction to determine divorce or matrimonial property issues arising from a customary marriage. The Kadhi's Court's proceedings and judgment were null and void for want of jurisdiction. The proper forum for dissolution and rel…
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A B H v E H [2018] KECA 412 (KLR)
The Court of Appeal held that once the matrimonial property claim was abandoned, the divorce petition required proof of Kenyan domicile. None was shown, so the petition was struck out.
D K B v K S B, R S & T P [2018] KEHC 8043 (KLR)
The High Court held that Kenyan courts had jurisdiction to dissolve a Hindu marriage celebrated in Tanzania, set aside the lower court decision, and issued a decree nisi.
D K M M & 2 others v M K M [2017] KEHC 1013 (KLR)
High Court declined leave to appeal out of time and stay of a divorce ruling, finding the delay plausibly explained but the intended appeal weak.
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