P N K v J K M [2014] KEHC 2636 (KLR)

Facts

The Applicant and Respondent were married under Kamba Customary Law in 1979 and later converted to statutory marriage in 1999. They have three adult children and are currently in divorce proceedings. During the marriage, several properties were acquired, some registered in the Respondent's name but jointly owned.

Issues

1. Whether the properties acquired during the marriage are matrimonial property.
2. Whether the Applicant is entitled to an interim injunction to prevent the Respondent from removing her from the matrimonial home and from alienating the properties listed in the application.

Reasoning

The court found that the properties were acquired during the subsistence of the marriage and were jointly owned, thus qualifying as matrimonial property. The court granted the interim injunction to protect the Applicant's rights.

Outcome

The appeal was dismissed.

Authorities cited