KKB v SCM & 5 others (Constitutional Petition 014 of 2020) [2022] KEHC 289 (KLR) (22 April 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 289
- Citation
- [2022] KEHC 289 (KLR)
- Decided
- 22 April 2022
The court dismissed the 1st and 2nd Respondents' Notice of Preliminary Objection and held that the court has jurisdiction to entertain the Petition.
Facts
The 1st Respondent is a son of the 2nd Respondent, the 3rd Respondent is the Petitioner's biological father, and the 4th, 5th, and 6th Respondents are the Petitioner's biological brothers. The dispute centers on whether there was a 'marriage' between the Petitioner and the 1st Respondent, and if so, whether it was consensual, lawful, or forced.
Issues
- Whether there existed a 'marriage' between the Petitioner and the 1st Respondent
- Whether the 'marriage' was consensual, lawful, or forced
Reasoning
The court ruled that the issues raised in the Petition do not fall under the exclusive jurisdiction of the High Court, Family Division, and that the court has the authority to hear the case.
Outcome
The court dismissed the 1st and 2nd Respondents' Notice of Preliminary Objection.
Authorities cited
Cases cited (4)
- 2007] 28 ILJ 133 (CC)
- {2002} 23 ILJ 81 (CC)
- {2001} (1) SA 912 (CC)
- 2001 (1) SA 912 (CC)
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