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Kenya Case Law

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Civil Procedure [2025] KEHC 7247 (KLR)

MED v AAD

MED v AAD [2025] KEHC 7247 (KLR)

The court found that the applicant failed to provide sufficient and persuasive reasons for the delay in seeking leave to appeal out of time, as no affidavit evidence was provided to substantiate the claim that the ruling notice was sent to the wrong email. The court emphasized that extension of time is a discretionary remedy requiring a satisfactory explanation for delay, which was not met in this case. Consequently, the applicant was not deserving of the court's discretion to extend time. As the primary prayer failed, the request for stay of proceedings was rendered moot and was also dismiss…

  • Extension Of Time
  • Leave To Appeal
  • Stay Of Proceedings
  • Matrimonial Disputes
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Family And Children [2025] KEHC 16754 (KLR)

LNO v CMO

LNO v CMO [2025] KEHC 16754 (KLR)

The High Court dismissed a divorce appeal, holding that the marriage had irretrievably broken down and that the trial court properly evaluated the evidence.

  • Divorce
  • Irretrievable Breakdown
  • Customary Marriage
  • Marriage Act
  • Matrimonial Disputes
  • Irretrievable-breakdown
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Family And Children [2024] KEHC 15485 (KLR)

Opiyo v Hagar

Opiyo v Hagar [2024] KEHC 15485 (KLR)

The High Court at Migori dismissed an application for injunction to stop alleged interference with a planned wedding, finding no prima facie case and no valid statutory basis.

  • Injunctive Relief
  • Matrimonial Disputes
  • Wedding Interference
  • Injunctive-relief
  • Matrimonial-disputes
  • Family-law
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Civil Procedure [2024] KEHC 12990 (KLR)

Mukoya v Karugo

Mukoya v Karugo [2024] KEHC 12990 (KLR)

The court found that the applicant failed to substantiate claims of inconvenience, loss, hardship, or expense resulting from the suit proceeding in Nairobi. The cause of action arose in Nairobi, which is a valid determinant for venue under Section 15 of the Civil Procedure Act. Furthermore, the applicant had previously conceded to the jurisdiction of the Nairobi court in his pleadings. The availability of virtual proceedings further mitigates any alleged inconvenience. Consequently, the applicant did not meet the legal threshold for transfer of the suit, and the application was dismissed with…

  • Transfer Of Suit
  • Jurisdiction Of Court
  • Matrimonial Disputes
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Family And Children [2024] KEHC 13941 (KLR)

Woche v Woche

Woche v Woche [2024] KEHC 13941 (KLR)

High Court partly granted a stay of execution in a matrimonial appeal, but required continued monthly maintenance payments for the parties’ children pending appeal.

  • Stay Of Execution
  • Maintenance Orders
  • Matrimonial Disputes
  • Best Interests Of Children
  • Stay-of-execution
  • Maintenance-orders
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Family And Children [2024] KEHC 8241 (KLR)

MTM v SNM

MTM v SNM [2024] KEHC 8241 (KLR)

The High Court at Narok dissolved a marriage after finding cruelty, desertion, and irretrievable breakdown. Each party was ordered to bear their own costs.

  • Dissolution Of Marriage
  • Cruelty
  • Desertion
  • Irretrievable Breakdown
  • Christian Marriage
  • Matrimonial Disputes
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Family And Children [2024] KEHC 8034 (KLR)

SSA v IMA

SSA v IMA [2024] KEHC 8034 (KLR)

The High Court stayed execution and lifted warrants of arrest pending appeal, finding the applicant showed substantial loss, prompt filing, and that security was unnecessary in the family dispute.

  • Stay Of Execution
  • Warrants Of Arrest
  • Matrimonial Disputes
  • Default Judgment
  • Civil Jail
  • Appeal Procedure
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Family And Children [2024] KEHC 443 (KLR)

SKN v SSS

SKN v SSS [2024] KEHC 443 (KLR)

The High Court allowed an undefended divorce appeal, holding that reconciliation was not mandatory and that unchallenged evidence showed cruelty and irretrievable breakdown.

  • Divorce Petition
  • Cruelty In Marriage
  • Irretrievable Breakdown
  • Marriage Act 2014
  • Matrimonial Disputes
  • Divorce-petition
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Civil Procedure [2023] KECA 478 (KLR)

RS v DS

RS v DS [2023] KECA 478 (KLR)

The court found that the applicant's delay in filing the Notice of Appeal was not inordinate and was satisfactorily explained by the temporary closure and relocation of the court registry, which interrupted filing services. The applicant acted promptly by instructing her advocate and requesting the necessary documents within the prescribed period. The court was satisfied that the applicant had demonstrated sufficient cause for the delay and that the principles for extension of time, as set out in the Leo Sila Mutiso case, were met. The court exercised its discretion in favour of the applicant…

  • Extension Of Time
  • Notice Of Appeal
  • Matrimonial Disputes
  • Court Discretion
  • Delay In Filing
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Family And Children [2023] KEHC 17909 (KLR)

ZWO v GVB

ZWO v GVB [2023] KEHC 17909 (KLR)

The High Court at Narok allowed an oral application for the matrimonial cause to start de novo, set aside earlier proceedings, and ordered fresh filings on strict timelines.

  • Matrimonial Disputes
  • De Novo Hearing
  • Case Management
  • Pleadings And Affidavits
  • De-novo-hearing
  • Case-management
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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.