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Kenya decisions
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FIA v HM [2024] KEKC 24 (KLR)
The Kadhis Court at Nakuru dissolved a Muslim marriage after finding unchallenged evidence of persistent marital harm and failed reconciliation efforts.
RCC v SKI [2024] KEKC 4 (KLR)
A Kadhis Court ordered a husband to pay rent arrears, pay deferred dowry, and help release his wife's belongings after finding he neglected maintenance duties.
RMM v RWR [2023] KEHC 27266 (KLR)
The court found that the applicant's request for interim maintenance and medical expenses was premature, as the core dispute regarding the parties' respective contributions to the acquisition and development of the matrimonial properties had not yet been determined and must be resolved in the main suit. The applicant failed to provide sufficient evidence of entitlement to the sums sought or to demonstrate the severity of his medical condition. Regarding the request for injunctive relief, the court held that the applicant had not established a prima facie case or provided submissions to suppor…
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GDM v CMM [2022] KEHC 10231 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down due to the respondent's admitted adultery and the parties' separation since 2014, with no prospect of reconciliation. Both parties sought dissolution, and the evidence supported that the marriage could not be salvaged. Regarding alimony, the court held that the petitioner failed to provide sufficient evidence of her financial incapacity, as she did not submit bank statements or affidavits of means to substantiate her claim that her rental income was inadequate. The court emphasized that alimo…
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KNM v MHM [2021] KEHC 12827 (KLR)
The High Court dismissed an application for review in a matrimonial property dispute, holding that prayers in a replying affidavit could not ground substantive relief.
GDM v CMM [2019] KEHC 4268 (KLR)
The court found that the applicant and respondent acquired property during the marriage, and that there was a real risk of dissipation of assets by the respondent, which could render the outcome of the suit nugatory if not preserved. The court exercised its discretion to issue an inhibition order over the disputed land and a temporary injunction restraining dealings with the listed motor vehicles, finding that the applicant had demonstrated sufficient grounds for preservation. On maintenance, the court held that while the applicant was not in the matrimonial home and had not provided a detail…
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GMM v FMM [2019] KECA 610 (KLR)
The Court of Appeal held that the High Court was entitled to make maintenance and lump sum awards to the respondent based on her uncontroverted affidavit of means, as the appellant failed to file an affidavit of means as required by law. The court found that the awards were not excessive or punitive, and that the appellant could not challenge the quantum in the absence of evidence of his own means. The statutory limit of one fifth of the husband's income was not shown to have been exceeded, as the only evidence of income was the respondent's affidavit, which the appellant did not dispute. The…
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K N v P T K [2017] KEHC 973 (KLR)
The High Court dismissed an application to compel payment of the applicant’s medical bills, holding that existing rent and maintenance orders were already being met.
N B R v J O [2017] KECA 585 (KLR)
Court of Appeal set aside a Kshs 100,000 monthly alimony pendente lite award, holding the High Court failed to consider relevant factors and existing maintenance payments.
C H P v P M C [2017] KEHC 8402 (KLR)
High Court declined to stay maintenance and rent orders pending appeal in a matrimonial dispute, holding the applicant had not shown substantial loss.
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