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Constitutional Law [2022] KEHC 13920 (KLR)

S B M & another v Attorney General

S B M & another v Attorney General [2022] KEHC 13920 (KLR)

Court
High Court
Case number
Constitutional Petition 21 of 2021
Judge
RN Nyakundi

Section 73(2) of the Marriage Act, which restricts applications for annulment of marriage to within one year of the celebration of the marriage, is unconstitutional as it violates the rights to equality, non-discrimination, access to justice, free consent, and freedom of conscience as guaranteed by the Constitution of Kenya. The court found that the limitation is unreasonable, disproportionate, and unjustified, as it deprives parties of the right to seek redress for void or voidable marriages arising from fraud, misrepresentation, or incapacity, regardless of when such facts are discovered. T…

Source excerpt

  • Marriage Annulment
  • Equality And Non Discrimination
  • Access To Justice
  • Freedom Of Conscience
  • Statutory Limitation Periods
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Family And Children [2019] KEHC 10943 (KLR)

PM v CE

PM v CE [2019] KEHC 10943 (KLR)

Court
High Court
Case number
Divorce Cause 82 of 2015

The High Court nullified a marriage after finding it had not been consummated and that the petitioner’s consent was not freely given.

  • Marriage Annulment
  • Non Consummation
  • Fraudulent Marriage
  • Deportation
  • Consent In Marriage
  • Marriage-annulment
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Family And Children [2018] KEHC 1405 (KLR)

A L M v P M M

A L M v P M M [2018] KEHC 1405 (KLR)

Court
High Court
Case number
Divorce Cause 186 of 2014

The High Court nullified a marriage after finding the respondent fraudulently concealed an existing relationship and misrepresented the other woman as a cousin.

  • Marriage Annulment
  • Fraudulent Concealment
  • Matrimonial Causes
  • Nullity Of Marriage
  • Marriage-annulment
  • Fraudulent-concealment
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Family And Children [2018] KEHC 5040 (KLR)

D F v P B S

D F v P B S [2018] KEHC 5040 (KLR)

Court
High Court
Case number
Annulment Cause 9 of 2017

The High Court at Malindi annulled a marriage for non-consummation, finding the petition was filed within one year and met the Marriage Act requirements.

  • Marriage Annulment
  • Non Consummation
  • Marriage Act 2014
  • Decree Of Annulment
  • Marriage-annulment
  • Non-consummation
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Family And Children [2017] KEHC 8813 (KLR)

Z N A M E v H A N S

Z N A M E v H A N S [2017] KEHC 8813 (KLR)

Court
High Court
Case number
Civil Suit 28 of 2014
Judge
M Thande

The High Court annulled a marriage after finding it had not been consummated and that the petition was filed within one year, as required by the Marriage Act.

  • Marriage Annulment
  • Non Consummation
  • Marriage Act Application
  • Marriage-annulment
  • Non-consummation
  • Marriage-act-2014
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Family And Children [2017] KEHC 8803 (KLR)

M J T M v Z N K

M J T M v Z N K [2017] KEHC 8803 (KLR)

Court
High Court
Case number
Divorce Cause 17 of 2016
Judge
M Thande

The High Court at Mombasa annulled a marriage for non-consummation after finding the petition was filed within one year and the evidence was uncontroverted.

  • Marriage Annulment
  • Non Consummation
  • Marriage Act 2014
  • Decree Of Nullity
  • Marriage-annulment
  • Non-consummation
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Family And Children [2016] KEHC 1686 (KLR)

S K V v A M

S K V v A M [2016] KEHC 1686 (KLR)

Court
High Court
Case number
Cause 130 of 2015
Judge
LA Achode

High Court in Nairobi annulled a marriage after finding it had not been consummated since 2008. The respondent did not appear or contest the petition.

  • Marriage Annulment
  • Non Consummation
  • Desertion
  • Matrimonial Proceedings
  • Marriage-annulment
  • Non-consummation
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Family And Children [2016] KEHC 7386 (KLR)

Z N A M E v H A N S

Z N A M E v H A N S [2016] KEHC 7386 (KLR)

Court
High Court
Case number
Civil Suit 28 of 2014
Judge
M Thande

The High Court at Mombasa annulled the parties’ marriage for non-consummation, finding the petition unopposed and filed within the statutory one-year period.

  • Marriage Annulment
  • Non Consummation
  • Marriage Act Procedure
  • Marriage-annulment
  • Non-consummation
  • Marriage-act-2014
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Family And Children [2016] KEKC 37 (KLR)

STM v RMD

STM v RMD [2016] KEKC 37 (KLR)

Court
Kadhis Courts
Case number
Civil Case 202 of 2015
Judge
AH Athman

The court found that while the plaintiff still loves the defendant, the defendant is unwilling and unable to continue the marriage. Under Islamic law, specifically the Khul'u principle, a wife is entitled to seek divorce if she cannot fulfill marital obligations or cannot bear to remain with her husband, provided she relinquishes her dowry. The court determined that the dowry, in this case, was furniture worth KES 40,000, which the plaintiff had provided and was available at the matrimonial home. The defendant's willingness to relinquish her dowry and forgo any further claims satisfied the re…

Source excerpt

  • Khul U Divorce
  • Matrimonial Rights
  • Dowry Refund
  • Marriage Annulment
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Family And Children [2015] KEHC 5315 (KLR)

M H N v N S S

M H N v N S S [2015] KEHC 5315 (KLR)

Court
High Court
Case number
Divorce Cause 248 of 2013
Judge
LA Achode

The High Court in Nairobi annulled a marriage after finding it had never been consummated or cohabited. The respondent did not defend the petition.

  • Marriage Annulment
  • Non Consummation
  • Desertion
  • Cruelty
  • Matrimonial Relief
  • Marriage-annulment
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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.