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Kenya decisions
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Mwaura v Karanja [2025] KEHC 9580 (KLR)
The High Court recognized a California divorce decree under section 67 of the Marriage Act, finding the foreign court had jurisdiction and the decree was effective in the parties’ domicile.
Tapestry Audio Visual Ltd v Centre for International Forestry Research [2024] KEHC 13816 (KLR)
The High Court allowed registration and enforcement in Kenya of a Scottish Sheriff Court decree, finding the United Kingdom was a reciprocating country under Kenyan law.
IKT v GJK [2024] KEHC 14231 (KLR)
The court found that both parties were domiciled in Switzerland and that the foreign court had the requisite jurisdiction to dissolve the marriage. The judgment of the Swiss court, including the mediated divorce settlement, was valid and effective. Under section 67 of the Marriage Act, 2014, the foreign decree met the requirements for recognition in Kenya. However, the court clarified that while it could recognize and adopt the foreign judgment, the actual registration of the decree is the responsibility of the Registrar of Marriages under section 61 of the Marriage Act, 2014. The court thus…
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AKO v MMO [2024] KEHC 9607 (KLR)
The court found that the applicant and respondent were domiciled in Germany at the time of the divorce, satisfying the requirements of Section 67 of the Marriage Act 2014. The German court had proper jurisdiction, and the decree was effective in the country of domicile. The court emphasized that recognition of foreign matrimonial decrees in Kenya does not require reciprocity and is distinct from registration for enforcement purposes. The court concluded that the foreign divorce decree is recognizable and adoptable by the Kenyan courts, and the application was merited.
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JWK v PP [2024] KEHC 2000 (KLR)
The High Court recognized and adopted a Dutch divorce decree, holding it registrable in Kenya under the Marriage Act, 2014, and directed registration with the Registrar of Marriages.
PKC v JJC [2024] KEHC 1392 (KLR)
The High Court at Eldoret recognized and adopted a Michigan divorce decree under the Marriage Act, finding the foreign dissolution met Section 67 requirements.
BKM v MMB [2024] KEHC 1319 (KLR)
The High Court held that a foreign divorce decree must be registered under section 61 of the Marriage Act before it can be enforced in Kenya.
HJC v IWN [2023] KEHC 18607 (KLR)
The High Court at Eldoret recognized and adopted a German divorce decree for a marriage celebrated in Kenya, holding that Section 67 of the Marriage Act governed recognition.
TAMO v JUK [2023] KEHC 3526 (KLR)
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…
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Amra Leasing Limited v DAC Aviation (EA) Limited & 2 others [2022] KEHC 12737 (KLR)
The court found that the defendants failed to demonstrate an error apparent on the face of the record. The court held that its interpretation of the Foreign Judgments (Reciprocal Enforcement) Act, including consideration of sections 2, 3, 10, and 11, was proper and that the argument regarding the applicability of section 3(1)(d) was a substantive one suitable for appeal, not review. The court reiterated that review is only available for self-evident errors and not for re-interpretation of the law or where two views are possible. Since there was no appeal pending against the default judgment t…
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