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Kenya decisions
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Denga v Bharak [2024] KEHC 14740 (KLR)
The High Court revoked a confirmed grant in a succession cause, held that all entitled beneficiaries had to be recognized, and ordered redistribution under section 40.
SNN v ANN [2024] KEHC 9927 (KLR)
The High Court dismissed an appeal against domestic violence protection orders, holding that the trial court had territorial jurisdiction and that the factual findings were supported by evidence.
SJM v MK [2023] KEHC 24355 (KLR)
The court found that the applicant and respondent were legally divorced as of 2nd April 2009, based on a valid and unchallenged certificate of divorce. The suit was filed within the statutory limitation period. The properties Nakuru Municipality Block 4/25 and LR 10013/4 Njoro were deemed matrimonial property as they were distributed to the respondent during the marriage for the benefit of the family. The applicant failed to prove direct monetary contribution but established non-monetary contribution through domestic work, child care, and management of the home. The court held that division o…
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WKM v JWM & another [2023] KEHC 21584 (KLR)
The High Court held that the suit was not res judicata, declared two properties matrimonial, rejected the 2nd Respondent’s claim, and ordered limited division.
MNN v GMN; SNN (Interested Party) [2022] KEHC 1763 (KLR)
The court found that a presumption of marriage existed between the applicant and respondent from 1968, later formalized in 1985, and that the respondent was in a polygamous union with the interested party. The court held that matrimonial property comprises property acquired from 1968 to the dissolution of marriage in 2014. The applicant made both monetary and non-monetary contributions to the acquisition and improvement of the matrimonial home, entitling her to a share. However, not all properties claimed by either party qualified as matrimonial property; inherited properties, properties acqu…
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Cecilia Njoki Gichuru v Stephen Gathuka Gitari [2021] KEELC 3255 (KLR)
The court dismissed the wife’s injunction claim but held the land was matrimonial property and ordered subdivision, with each party bearing their own costs.
In re Estate of Josiah Kipkirui arap Rono (Deceased) [2021] KEHC 7262 (KLR)
The court held that in polygamous intestate succession, properties acquired before the marriage of a subsequent wife are to be retained by the first wife and her household, especially where the subsequent wife made no contribution to their acquisition. The 2nd wife and her household are not entitled to a share of the 1st wife’s matrimonial home (Items No.29, 30, 31), as these were acquired long before her marriage. The 2nd wife is adequately provided for with her own matrimonial property (Item No.26). The rent collected from the Upper Hill Property (Item No.43) after the deceased’s death shou…
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MAA v AR & MAR [2020] KEHC 7160 (KLR)
The court found that the applicant had not established her entitlement to a share of the matrimonial property, as she was not a party to the original dispute and had not provided evidence of her contribution. The court held that the applicant must first prove her claim to the property before any stay of execution can be considered. Since the 70% share of the property awarded to the defendant had been deposited in court and the applicant could claim her share from the defendant, there was no risk of substantial loss. The application for stay of execution was therefore dismissed for lack of mer…
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WAN & COM v WMW [2019] KEHC 198 (KLR)
The High Court held that the 1st plaintiff proved a beneficial interest in land acquired by the defendant before marriage through her improvements, and awarded a 50:50 share.
In re Estate of Francis Waruingi Kangethe alias Francis Waruingi Kangethe (Deceased) [2019] KEHC 11843 (KLR)
The court found that, although the deceased had not divorced his first wife, the respondent was recognized as a beneficiary under Section 3(5) of the Law of Succession Act due to their long cohabitation, acquisition of property together, and raising of children, which established a presumption of marriage under customary law. The court held that gifts intervivos, being properties transferred by the deceased during his lifetime, were valid and excluded from the estate. The estate was to be distributed among the two houses (first and second wives), with each wife forming an additional unit as p…
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