Kenya Case Law

AA v ZY

AA v ZY [2022] KEKC 163 (KLR)

Court

Kadhis Courts

Case number

Matrimonial Cause E009 of 2022

Judge

IA Hussein

The court found that the applicant was not at fault for the breakdown of the marriage. Applying Islamic law principles, particularly those of the Maliki and Shafii schools, the court held that the respondent, seeking khul'a, must compensate the applicant. The respondent relinquished her right to recover unpaid dowry and was ordered to pay Kshs. 10,000/- to the applicant as compensation, payable within five months. The court declined to compel the respondent to undergo an HIV/AIDS test without her informed consent and reaffirmed that the dissolution of marriage through khul'a is permissible wh…

Source excerpt

• Khula Divorce
• Islamic Marriage
• Matrimonial Compensation
• Dowry Disputes

FW v NA

FW v NA [2017] KEKC 14 (KLR)

Court

Kadhis Courts

Case number

Civil Case 30 of 2017

The Kadhis Court at Nyeri dissolved the parties’ marriage through Khul’a, issued a divorce certificate, declined return of dowry, and ordered each side to bear its own costs.

• Dissolution Of Marriage
• Khula Divorce
• Dowry Mahr
• Matrimonial Breakdown
• Khula-divorce
• Dissolution-of-marriage