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Family And Children [2025] KEHC 9587 (KLR)

MMB v AAM

MMB v AAM [2025] KEHC 9587 (KLR)

Court
High Court
Case number
Appeal E123 of 2024
Judge
H Namisi

The High Court found that the Kadhi's Court had jurisdiction to determine issues of child custody and maintenance where both parties are Muslim and have submitted to its authority, as such matters are incidental to marriage and divorce. The Appellant failed to provide evidence of his financial inability to pay the amounts ordered, and the trial court was entitled to make maintenance orders based on the best interests of the children. The court held that the divorce was judicial, not khul'u, as the grounds for dissolution were proven and the Appellant did not consent to khul'u. Therefore, the…

Source excerpt

  • Divorce Proceedings
  • Child Custody
  • Child Maintenance
  • Eddah Maintenance
  • Mat A Compensation
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Family And Children [2025] KEHC 9542 (KLR)

EWM v JMK

EWM v JMK [2025] KEHC 9542 (KLR)

Court
High Court
Case number
Civil Appeal E052 of 2022
Judge
JK Ng'arng'ar

The High Court dismissed an appeal over divorce and matrimonial property, upholding dissolution of the marriage and finding most parcels were not matrimonial property.

  • Divorce Proceedings
  • Matrimonial Property Distribution
  • Life Interest
  • Jurisdiction Of Trial Court
  • Divorce-proceedings
  • Matrimonial-property-distribution
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Family And Children [2025] KEHC 9006 (KLR)

AMW v HAW

AMW v HAW [2025] KEHC 9006 (KLR)

Court
High Court
Case number
Civil Appeal E002 of 2023
Judge
FR Olel

The High Court held that the Kadhi's Court does not have jurisdiction to determine matters of child custody and maintenance unless specifically gazetted by the Chief Justice as a Children's Court. The court found that Article 170(5) of the Constitution and Section 5 of the Kadhi Courts Act limit the Kadhi's Court's jurisdiction to personal status, marriage, divorce, or inheritance among Muslims, and do not expressly include child custody or maintenance. The Children’s Act, 2022, and the Constitution provide a comprehensive framework for child protection and designate the Children's Court as t…

Source excerpt

  • Kadhi Court Jurisdiction
  • Child Custody
  • Child Maintenance
  • Divorce Proceedings
  • Masruf Payments
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Family And Children [2025] KEHC 8694 (KLR)

LWN v SNT

LWN v SNT [2025] KEHC 8694 (KLR)

Court
High Court
Case number
Civil Appeal E005 of 2025
Judge
CJ Kendagor

The High Court dismissed an application to stay divorce proceedings pending appeal, finding no exceptional circumstances and directing the appeal record be filed within 21 days.

  • Divorce Proceedings
  • Stay Of Proceedings
  • Validity Of Pleadings
  • Stay-of-proceedings
  • Divorce-proceedings
  • Family-appeals
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Family And Children [2025] KEHC 4917 (KLR)

RMM v VNM

RMM v VNM [2025] KEHC 4917 (KLR)

Court
High Court
Case number
Civil Appeal E010 of 2023
Judge
MA Odero

The High Court partly allowed a divorce appeal, upholding the dissolution but setting aside the order dealing with matrimonial property in the divorce petition.

  • Divorce Proceedings
  • Matrimonial Property
  • Division Of Property
  • Procedural Fairness
  • Divorce-proceedings
  • Matrimonial-property
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Family And Children [2025] KEHC 6336 (KLR)

AMS v NFD

AMS v NFD [2025] KEHC 6336 (KLR)

Court
High Court
Case number
Civil Appeal E002 of 2024
Judge
JN Onyiego

The High Court partly allowed a family appeal, upholding divorce and dowry orders but reducing monthly maintenance and revising arrears and custody arrangements.

  • Divorce Proceedings
  • Child Maintenance
  • Custody And Access
  • Dowry Payment
  • Family-law
  • Divorce
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Family And Children [2025] KEHC 1278 (KLR)

WNO v JMK

WNO v JMK [2025] KEHC 1278 (KLR)

Court
High Court
Case number
Family Originating Summons E001 of 2023
Judge
TA Odera

Matrimonial property should be divided between spouses based on their direct and indirect contributions to its acquisition and the general welfare of the family, and property not registered in the name of either party cannot be declared matrimonial property for the purpose of separation.

Source excerpt

  • Matrimonial Property
  • Division Of Property
  • Contribution Assessment
  • Divorce Proceedings
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Family And Children [2025] KEHC 1556 (KLR)

Oguk v Wasike

Oguk v Wasike [2025] KEHC 1556 (KLR)

Court
High Court
Case number
Civil Appeal E206 of 2024
Judge
RN Nyakundi

A stay of execution cannot be granted for a divorce decree that has already transformed into a decree absolute, as there is nothing left to stay. Furthermore, the court will not compel a party to remain in a marriage against their will, even if a stay is sought to preserve the marriage.

Source excerpt

  • Divorce Proceedings
  • Stay Of Execution
  • Matrimonial Offenses
  • Decree Nisi And Absolute
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Family And Children [2024] KEHC 15895 (KLR)

SVK v ANC

SVK v ANC [2024] KEHC 15895 (KLR)

Court
High Court
Case number
Civil Appeal E032 of 2021
Judge
CJ Kendagor

The High Court found that the Kadhi’s Court lacked jurisdiction to adjudicate the Kshs.340,000 debt dispute, as such matters fall outside the scope of personal status, marriage, divorce, or inheritance under Muslim law. Even if jurisdiction existed, the Respondent failed to prove the existence of a loan agreement, as there was no documentary evidence or admission by the Appellant. On the issue of dowry, the court held that the Respondent was entitled to the deferred Mahar of Kshs.100,000, as there was no evidence of forfeiture or payment by the Appellant. Regarding Iddat and past maintenance,…

Source excerpt

  • Divorce Proceedings
  • Kadhi Court Jurisdiction
  • Maintenance Awards
  • Dowry Claims
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Family And Children [2024] KEHC 14288 (KLR)

Jepchirchir v Chemwor

Jepchirchir v Chemwor [2024] KEHC 14288 (KLR)

Court
High Court
Case number
Civil Appeal E090 of 2024
Judge
RN Nyakundi

The High Court granted a stay of execution pending appeal in a divorce matter, finding the applicant risked substantial loss if evicted from the matrimonial home.

  • Divorce Proceedings
  • Stay Of Execution
  • Matrimonial Home Eviction
  • Security For Costs
  • Stay-of-execution
  • Divorce-proceedings
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.