Kenya Case Law

FAAF v RFM & 2 others

FAAF v RFM & 2 others [2023] KECA 1322 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E043 of 2022

Judges

SG Kairu, P Nyamweya, GV Odunga

The Court of Appeal held that the High Court correctly found the 1st respondent was validly married to the deceased, as evidence of long cohabitation, conversion to Islam, and a marriage certificate outweighed minor discrepancies in names. The Court affirmed that children born out of wedlock are entitled to inherit from their deceased father, as discrimination based on birth status is unconstitutional under Articles 27 and 53 of the Constitution. The Court found that the 3rd respondent's marriage to the deceased was void for bigamy, as her prior monogamous marriage had not been dissolved, and…

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• Succession Disputes
• Islamic Inheritance
• Legitimacy Of Children
• Marriage Validity
• Dna Testing In Succession
• Non Discrimination

DAM v ASI

DAM v ASI [2023] KEKC 14 (KLR)

Court

Kadhis Courts

Case number

Miscellaneous Cause E800 of 2023

Judge

AH Athman

The Kadhi’s Court held that a revocable talaq became minor irrevocable after iddah expired, so the applicant’s later marriage was valid.

• Muslim Divorce
• Talaq
• Iddah Period
• Marriage Validity
• Revocable Divorce
• Muslim-divorce

MAJK v FML

MAJK v FML [2023] KEHC 200 (KLR)

Court

High Court

Case number

Civil Appeal E096 of 2022

Judge

MA Odero

The court found that the judgment appealed from was a negative order, dismissing the applicant's suit for lack of a valid marriage, and did not direct any party to do or refrain from doing any act. As such, there was no positive order capable of execution or stay, except as to costs. The interim orders previously enjoyed by the applicant lapsed automatically upon determination of the main suit. Furthermore, the applicant's request for injunctive relief had already been considered and dismissed by the Court of Appeal, rendering the matter res judicata and outside the jurisdiction of the High C…

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• Stay Of Execution
• Negative Orders
• Injunctions
• Marriage Validity
• Res Judicata

NAS v IMR & 2 others

NAS v IMR & 2 others [2022] KEHC 15768 (KLR)

Court

High Court

Case number

Civil Appeal E045 of 2020

Judge

AO Muchelule

The High Court dismissed an appeal over inheritance in a Muslim estate, upholding findings that the appellant had been divorced and that the grant of letters was proper.

• Islamic Succession
• Divorce Status
• Marriage Validity
• Grant Of Letters Of Administration
• Muslim-succession
• Divorce-status

SR v RR

SR v RR [2019] KEHC 861 (KLR)

Court

High Court

Case number

Civil Appeal 28 of 2014

Judge

A Ali-Aroni

The High Court found that the Kadhi erred by applying common law principles, specifically the presumption of marriage, which is not recognized under Sharia. The court held that the applicable law in the Kadhi's court is strictly Sharia, as provided by Article 170 of the Constitution and the Kadhis Act. Since the Kadhi's decision was influenced by principles not compatible with Muslim law, the judgment was set aside. The matter was referred back for a fresh hearing before a different Kadhi to ensure that the issues of marriage, legitimacy of children, and inheritance are determined solely unde…

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• Muslim Personal Law
• Succession Disputes
• Legitimacy Of Children
• Marriage Validity

MLMK & SSB v Attorney General; SSB (Intended Necessary Party)

MLMK & SSB v Attorney General; SSB (Intended Necessary Party) [2019] KEHC 7089 (KLR)

Court

High Court

Case number

Miscellaneous Application 31 of 2017

Judge

M Thande

The High Court held that a prior civil marriage remained valid and the later Islamic marriage was void ab initio because a monogamous marriage cannot be followed by another.

• Marriage Validity
• Civil Marriage
• Islamic Marriage
• Marriage Registration
• Marriage-validity
• Civil-marriage

Omar Galana Hiribae v Alice Adhiambo Alucho

Omar Galana Hiribae v Alice Adhiambo Alucho [2019] KEKC 31 (KLR)

Court

Kadhis Courts

Case number

Civil Case 52 of 2016

The Kadhi’s Court held that the respondent and her children were not entitled to inherit because the alleged marriage to the deceased was customary, not Islamic.

• Islamic Succession
• Inheritance Rights
• Marriage Validity
• Customary Vs Islamic Law
• Islamic-succession
• Inheritance-rights

Iskorostinskaya Svetlana & Susanna Sciacovelli v Gladys Naserian Kaiyoni

Iskorostinskaya Svetlana & Susanna Sciacovelli v Gladys Naserian Kaiyoni [2019] KEHC 10353 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application 39 of 2017

The High Court at Malindi invalidated a purported will of Donato Sciacovelli, finding it not authored by him and holding that he died intestate in Kenya.

• Wills And Succession
• Probate Disputes
• Forgery Of Wills
• Burden Of Proof
• Marriage Validity
• Intestate Succession

Omar Galana Hiribae v Alice Adhiambo Alucho

Omar Galana Hiribae v Alice Adhiambo Alucho [2017] KEKC 2 (KLR)

Court

Kadhis Courts

Case number

Civil Case 52 of 2016

The Kadhi’s Court held that the respondent’s customary marriage to the deceased was not valid for Islamic inheritance, so she and her children were disqualified.

• Islamic Succession
• Inheritance Rights
• Marriage Validity
• Customary Marriage
• Distribution Of Estate
• Islamic-succession

A M D N v S M L

A M D N v S M L [2017] KEHC 9045 (KLR)

Court

High Court

Case number

Divorce Cause 110 of 2015

Judge

MW Muigai

The court found that section 3(1) of the African Christian Marriage and Divorce Act, which limited its application to Africans, was unconstitutional as it contravened Article 27 of the Constitution of Kenya, 2010, which prohibits discrimination on racial grounds. The court further held that the Act had been repealed by the Marriage Act, 2014, and thus had no legal force. Despite the formal defect in the marriage ceremony, the parties had cohabited, held themselves out as husband and wife, and had a child together, satisfying the requirements for a presumption of marriage under Kenyan law. The…

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• Marriage Validity
• Presumption Of Marriage
• Racial Discrimination
• Constitutional Supremacy