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Kenya decisions
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YN v MMK [2023] KEKC 7 (KLR)
The Kadhi’s Court dissolved the marriage, awarded unpaid dowry, dismissed edda maintenance, and found both Nairobi properties were jointly owned with equal shares.
NIKH v MPKD [2022] KEKC 7 (KLR)
The Kadhis Court confirmed an Islamic divorce as valid after finding the talaq was written, dated, witnessed, and delivered, and ordered a divorce certificate.
AMN v AAM [2022] KEHC 10179 (KLR)
The High Court upheld a Kadhi’s court divorce decree, finding cruelty, non-maintenance, child custody orders, and dowry entitlement were properly proved.
FAY v HHS [2021] KEKC 11 (KLR)
The court found that the respondent deserted his wife and child, failed to provide maintenance and conjugal rights, and rebuffed all attempts at reconciliation, thereby violating his obligations under Islamic law. The court held that the marriage had irretrievably broken down and granted dissolution. The Kadhi's Court affirmed its jurisdiction over child custody and maintenance matters involving Muslims, referencing constitutional and statutory provisions. Custody of the minor was awarded to the mother, as there were no special circumstances to disqualify her. The respondent was ordered to pa…
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S M H v A H A [2018] KEKC 37 (KLR)
The court found that the plaintiff had proved, on a balance of probabilities, the existence of irreconcilable differences due to the defendant's mistreatment, assault, and actions leading to her arrest. The evidence, including admissions by the defendant and corroboration by witnesses, established cruelty and failure to provide for the family. Under Islamic law and the cited legal principles, such conduct entitles the wife to dissolution of marriage. The court also determined, based on the evidence and admissions, that the dowry of two cows had not been paid and ordered its delivery. Regardin…
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HMJ v JAO [2018] KEKC 19 (KLR)
The Kadhis Court ordered payment of half the agreed dowry after an unconsummated divorce, but rejected the wife’s compensation claim for lack of agreement.
F B I v B G [2018] KEHC 8677 (KLR)
High Court at Garissa dissolved a Muslim marriage, set aside a fine for false adultery allegations, and ordered payment of agreed dowry.
BMS v MHM [2015] KEKC 48 (KLR)
The Kadhis Court confirmed an Islamic divorce, awarded dowry balance and edda maintenance, granted mut'a compensation, and rejected Kilemba and Maziwa.
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