PNN v ZWN (Civil Appeal 128 of 2014) [2017] KECA 753 (KLR) (3 March 2017) (Judgment)

Facts

The case involves a dispute over matrimonial property after the collapse of a marriage. The applicable law is a piece of archaic legislation enacted in England in 1882, the Married Women's Property Act, 1882, which was later amended by the Matrimonial Homes Act, 1967, Matrimonial Proceedings and Property Act, 1970, and Matrimonial Causes Act, 1973.

Issues

1. Were the three Acts - the Land Act 2012, the Land Registration Act 2012, and the Matrimonial Property Act, 2013 applicable?
2. Was Section 17 of the Married Women's Property Act, 1882 applicable?
3. Was the Constitution 2010 applicable?
4. Were the Conventions and other international instruments ratified by Kenya applicable?

Reasoning

The court found that the Registered Land Act, Cap 300, was the applicable law due to its provisions in Section 106 (3) (a) of the Land Registration Act and Section 162 (1) of the Land Act. The court also noted that the Matrimonial Property Act, 2013, was not applicable as it was enacted after the judgment in this case.

Outcome

Affirmed the High Court's judgment.

Authorities cited