The court found that both parties contributed to the acquisition of the matrimonial properties, with the Respondent making the larger monetary contribution through a loan repaid from his salary, and the Petitioner making both monetary (through a loan of Ksh.1,300,000) and non-monetary contributions (child care, paying rent, and school fees). The properties were acquired during the marriage and thus qualify as matrimonial property. The law requires division based on contribution, both monetary and non-monetary. However, the Petitioner failed to provide sufficient evidence to warrant sole owner…
The High Court held that a spouse had locus standi under the Matrimonial Property Act and declared a 50% share in jointly registered matrimonial property.
The Environment and Land Court found that a lease by the plaintiff’s son lacked authority, declared the occupants trespassers, ordered eviction, and awarded mesne profits.
Chumo (Suing as Administration of the Estate of Cheruiyot Arap Chemoigut - Deceased) v Sirng'ewo (Suing as Administrator of the Estate of Kimutai Arap Murei - Deceased) [2025] KEELC 4667 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Case E005 of 2025
Judge
CK Nzili
The Environment and Land Court at Kitale granted a temporary injunction to preserve disputed land pending trial, finding a prima facie case and risk of prejudice.
The High Court held that the parties’ jointly registered matrimonial properties were to be shared equally after neither side proved unequal contribution.
The court found that both the suit land and the motor vehicle were acquired during the subsistence of the marriage and thus constitute matrimonial property. Both parties made contributions—financial and non-financial—to their acquisition and development. The suit land is jointly registered, and neither party provided sufficient evidence to rebut the presumption of equal beneficial interest. The respondent's arguments regarding the children's welfare and her parents' contribution were considered but did not displace the applicant's legal entitlement. The court held that each party is entitled…
In re Estate of Fred Mugivane Inuani also known as Fred Inuani Mugivane (Deceased) [2025] KEHC 6122 (KLR)
Court
High Court
Case number
Succession Cause 1779 of 2016
Judge
HK Chemitei
The High Court confirmed grant in a succession dispute over the estate of Fred Mugivane Inuani, dividing key assets between two houses and excluding jointly owned property.