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Kenya decisions
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Mwaura v Karanja [2025] KEHC 10297 (KLR)
The High Court at Eldoret certified a matrimonial property application as urgent, ordered service on the respondent, and set the matter for inter partes hearing.
JMU v JBM [2025] KEHC 10419 (KLR)
The court held that all properties acquired during the 46-year marriage, regardless of registration, constitute matrimonial property under Section 6 of the Matrimonial Property Act. While the respondent was the primary financial contributor, the applicant made significant non-monetary contributions through domestic work, child care, and management of family affairs, which must be recognized and valued. The court found that the applicant did not provide sufficient documentary evidence of substantial direct financial contribution, but her indirect contributions over the lengthy marriage were su…
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HNM v EIK [2025] KEHC 10287 (KLR)
The court found that Title Number XXXX/4 (Original No. XXXX/2) was acquired during the marriage and jointly registered, qualifying as matrimonial property. However, the applicant provided uncontroverted evidence that he solely financed the purchase and development of this property, including mortgage payments and construction costs. The respondent did not participate in the proceedings or claim any interest. The presumption of equal beneficial interest in jointly registered property was rebutted by the applicant's evidence of sole contribution. In contrast, Kajiado/Lorngusua/XXXX, though acqu…
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KR v SKK [2025] KEHC 10420 (KLR)
The High Court at Eldoret certified a matrimonial application as urgent, declined ex parte conservatory orders, and directed service and inter partes hearing.
ANM v JMK [2025] KEHC 10423 (KLR)
High Court partly allowed an application to preserve alleged matrimonial property, granting a restraining injunction over two properties but refusing a mandatory order restoring possession.
Kathini v LKK & 3 others [2025] KEELC 5424 (KLR)
The court held that the disputed land was matrimonial property, spousal consent was required, and the appellant could not rely on bona fide purchaser status. The appeal was dismissed.
Kiruthi v Abdi & 4 others [2025] KEELC 5390 (KLR)
The court found that the Plaintiff failed to prove, to the required standard, that the transfers of the suit property from her late husband to the 1st Defendant, then to the 2nd Defendant, and finally to the 5th Defendant, were tainted by fraud, illegality, or procedural irregularity. The Plaintiff did not provide sufficient evidence of forgery, fraudulent documentation, or breach of statutory duty by the Land Registrar. The court held that the Land Registrar's role is limited to ensuring documents are duly executed and that there was no evidence of improper conduct or failure to comply with…
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Kenyansa v Chebii [2025] KEELC 5405 (KLR)
The court found that the application for stay of execution was filed without unreasonable delay, as the applicant was not notified of the judgment and acted promptly upon learning of it. The applicant demonstrated that she would suffer substantial loss, including eviction from her matrimonial home, if stay was not granted. The court noted that the respondent did not dispute the applicant’s claims regarding the title deed and the risk of irreparable harm. The trial court’s jurisdiction to determine adverse possession was also questioned, further supporting the arguability of the appeal. Given…
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SM v MG [2025] KEHC 10407 (KLR)
High Court dismisses a preliminary objection in a matrimonial appeal, holding the issues raised were not res judicata and should be heard on the merits.
Omole v Wachira; Communist Party of Kenya (CPK) & another (Interested Parties) [2025] KEHC 10014 (KLR)
The High Court granted leave to file a reference out of time, ordered conditional stay of execution, and set aside attachment of property registered in the objector’s name.
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