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Constitutional Law [2025] KEHC 4927 (KLR)

Cooper Attorneys & Consultancy v Attorney General & another; Law Society of Kenya & another (Interested Parties); In Africa (ISLA) & another (Amicus Curiae)

Cooper Attorneys & Consultancy v Attorney General & another; Law Society of Kenya & another (Interested Parties); In Africa (ISLA) & another (Amicus Curiae) [2025] KEHC 4927 (KLR)

Court
High Court
Case number
Petition E075 of 2022
Judge
LN Mugambi

The High Court upheld Part X of the Marriage Act, rejecting a challenge to fault-based divorce and declining to compel Parliament to amend the law.

  • Marriage Dissolution
  • Constitutional Validity Of Statutes
  • Separation Of Powers
  • Right To Family
  • Fault Based Divorce
  • Human Dignity
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Family And Children [2024] KEHC 13214 (KLR)

Jepkemboi v Songok

Jepkemboi v Songok [2024] KEHC 13214 (KLR)

Court
High Court
Case number
Family Cause 11 of 2023
Judge
HK Chemitei

The High Court declined a preliminary objection to enforcement of a US foreign judgment, holding the matter should proceed to full trial given the children’s interests.

  • Foreign Judgment Enforcement
  • Jurisdiction
  • Child Welfare
  • Marriage Dissolution
  • Foreign-judgment-enforcement
  • Family-law
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Family And Children [2023] KEMC 165 (KLR)

RWW v NGN

RWW v NGN [2023] KEMC 165 (KLR)

Court
Magistrate's Court
Case number
Divorce Cause E1184 of 2022
Judge
JP Aduke

Unopposed divorce cause in which the Milimani Commercial Chief Magistrate's Court dissolved the marriage between RWW and NGN for desertion and irretrievable breakdown.

  • Divorce
  • Irretrievable Breakdown
  • Desertion
  • Marriage Dissolution
  • Irretrievable-breakdown
  • Marriage-dissolution
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Family And Children [2023] KEMC 157 (KLR)

LIH v COK

LIH v COK [2023] KEMC 157 (KLR)

Court
Magistrate's Court
Case number
Divorce Cause E1522 of 2022
Judge
JP Aduke

The court found that the petitioner had established the grounds of desertion and irretrievable breakdown of the marriage as required under section 66 of the Marriage Act, 2014. The court noted the length of separation, the unequivocal lack of intention to salvage the marriage, and the absence of any response or contest from the respondent. Relying on relevant case law, the court held that it cannot compel parties to remain married where the marriage has broken down and one party seeks dissolution. Accordingly, the court granted the order for dissolution of the marriage, issued a decree nisi t…

Source excerpt

  • Divorce
  • Irretrievable Breakdown
  • Desertion
  • Marriage Dissolution
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Family And Children [2023] KEMC 235 (KLR)

DMM v OMM

DMM v OMM [2023] KEMC 235 (KLR)

Court
Magistrate's Court
Case number
Divorce Cause E1214 of 2021
Judge
JP Aduke

The court dissolved the marriage between DMM and OMM after finding irretrievable breakdown and desertion under section 66 of the Marriage Act, 2014.

  • Divorce
  • Irretrievable Breakdown
  • Desertion
  • Marriage Dissolution
  • Irretrievable-breakdown
  • Marriage-dissolution
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Family And Children [2023] KEMC 242 (KLR)

EWN v JMM

EWN v JMM [2023] KEMC 242 (KLR)

Court
Magistrate's Court
Case number
Divorce Cause E1499 of 2022
Judge
JP Aduke

The court dissolved the parties’ marriage after finding cruelty and irretrievable breakdown proved in an undefended divorce cause, with each side bearing own costs.

  • Divorce
  • Cruelty
  • Irretrievable Breakdown
  • Customary Marriage
  • Marriage Dissolution
  • Marriage-dissolution
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Family And Children [2023] KEMC 239 (KLR)

NOK v JW

NOK v JW [2023] KEMC 239 (KLR)

Court
Magistrate's Court
Case number
Divorce Cause E1281 of 2022
Judge
JP Aduke

The court dissolved the marriage after finding cruelty, desertion, and irretrievable breakdown proved on an undefended petition. Protective orders were declined.

  • Divorce
  • Cruelty
  • Desertion
  • Irretrievable Breakdown
  • Customary Marriage
  • Marriage Dissolution
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Family And Children [2023] KEHC 3526 (KLR)

TAMO v JUK

TAMO v JUK [2023] KEHC 3526 (KLR)

Court
High Court
Case number
Miscellaneous Application 36 of 2022
Judge
G Mutai

The court held that the Foreign Judgments (Reciprocal Enforcement) Act, 1984 does not apply to matrimonial causes or to judgments from Sweden, as Sweden is not a reciprocating country. However, under section 67 of the Marriage Act, 2014, a foreign divorce decree may be recognized in Kenya if either party was domiciled in the country where the decree was issued and the decree is effective in that country. The evidence showed that the respondent was domiciled in Sweden and the Swedish court had jurisdiction. The decree was effective in Sweden, as evidenced by the certificate of legal force. The…

Source excerpt

  • Recognition Of Foreign Divorce
  • Registration Of Foreign Judgments
  • Marriage Dissolution
  • Domicile Requirements
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Family And Children [2023] KEMC 82 (KLR)

NK v JM

NK v JM [2023] KEMC 82 (KLR)

Court
Magistrate's Court
Case number
Divorce Cause E1133 of 2021
Judge
JP Aduke

The court granted a divorce after finding cruelty and irretrievable breakdown of the marriage, and ordered each party to bear their own costs.

  • Divorce
  • Cruelty
  • Irretrievable Breakdown
  • Marriage Dissolution
  • Irretrievable-breakdown
  • Marriage-dissolution
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Family And Children [2022] KEHC 11033 (KLR)

LNG v BNO

LNG v BNO [2022] KEHC 11033 (KLR)

Court
High Court
Case number
Divorce Miscellaneous Cause 20 of 2021
Judge
EKO Ogola

The High Court at Eldoret recognized and adopted a Wisconsin divorce decree dissolving a marriage celebrated in Kenya, applying sections 61 and 67 of the Marriage Act.

  • Recognition Of Foreign Divorce
  • Marriage Dissolution
  • Registration Of Foreign Judgments
  • Recognition-of-foreign-divorce
  • Marriage-dissolution
  • Registration-of-foreign-judgments
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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.