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Kenya decisions
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HAA v AAA [2025] KEKC 20 (KLR)
The Kadhis Court at Nakuru granted a judicial divorce after finding the marriage had irretrievably broken down and reconciliation had failed.
ABA v HKB [2025] KEHC 6924 (KLR)
The High Court dismissed an appeal against a Kadhi’s Court divorce ruling, upholding dissolution of the marriage, dowry payment, and referral of child issues.
FRA v MSB [2025] KEHC 8493 (KLR)
The court found that all three properties in question were acquired during the subsistence of the marriage and thus constituted matrimonial property under Kenyan law. The claimant demonstrated both monetary and non-monetary contributions to their acquisition and development. Given the irretrievable breakdown of the marriage and the absence of any opposition or evidence from the respondent, the court presumed equal contribution and ownership. The court held that a fair and equitable division would be to allocate one property to each party and to hold the third property in trust for the childre…
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FIA v HM [2024] KEKC 24 (KLR)
The Kadhis Court at Nakuru dissolved a Muslim marriage after finding unchallenged evidence of persistent marital harm and failed reconciliation efforts.
Mohamed v Hassan [2024] KEHC 13562 (KLR)
The High Court upheld a Kadhi’s court decree dissolving an Islamic marriage, finding no denial of hearing, no bias, and sufficient proof of divorce grounds.
DAA v BHA [2024] KEKC 20 (KLR)
The Kadhi’s Court dissolved a marriage after the husband’s eight-year disappearance, awarded unpaid mahr, granted custody of the minor children, and ordered maintenance with arrears.
In re FAO (Applicant) [2024] KEKC 5 (KLR)
The Kadhi’s Court held that a divorce is effective upon proven pronouncement of talaq, that a certificate is not essential to validity, and set out widow’s succession shares.
BAY v ABG & another [2023] KEHC 25995 (KLR)
The High Court dismissed an appeal seeking a fresh DNA test in a paternity dispute, finding no proof of irregularity and holding that the child’s best interests would not be served.
ZAG v VOM [2023] KEKC 20 (KLR)
The court found that both parties agreed the marriage had irretrievably broken down and granted a first (revocable) divorce effective 8th May 2023. The petitioner’s claim for dowry was dismissed as she admitted her parents received KES 150,000, which the court deemed full settlement. Edda maintenance was denied since the divorce was at the petitioner’s instance and the respondent had already provided support beyond the required period. The court awarded the petitioner KES 50,000 as mata' compensation, considering the eight-year marriage and mutual discord. On custody, the court held that the…
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SSA v HMS [2023] KEHC 24272 (KLR)
The High Court found that the evidence did not support dissolution of marriage by Khula, as the respondent did not initiate divorce or offer to return her dowry. Instead, the appellant sought the divorce (Talaq), making him liable to pay mut'a (consolatory gift) to the respondent. The court held that the compensation of Kshs. 100,000 was not excessive given the duration of the marriage, the respondent's contributions to the family and business, and the appellant's earning capacity. The court also found no error in the Kadhi's orders regarding custody, maintenance, and mahar. The appellant's a…
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