HO v OS [2018] KEKC 31 (KLR)
- Court
- KEKC
- Case number
- 31
- Citation
- [2018] KEKC 31 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePostureAppeal from original trialCoramGURACHO ABDI YUSSUF
Holding
The marriage is dissolved, the plaintiff is granted custody of the child, and the defendant is ordered to pay maintenance and a cow as dowry.
Facts
The plaintiff, HO, claimed for the return of her identity card, dowry, and custody of the child. She alleged that the defendant, OS, was irresponsible, abusive, and forced her to herd goats.
Issues
- Is the court entitled to dissolve the marriage?
- Is the plaintiff entitled to dowry of cow?
- Custody of the child.
Reasoning
The court found that the marriage is not worthy according to the Holy Quran and Hadith. The defendant was found to be abusive and not in good standing with the plaintiff.
Outcome
Appeal dismissed
Orders
- This marriage is hereby dissolved as requested by the in the way of faskhu.
- Divorce certificate to be issued today.
- The applicant should wait for the eddah period of three months as from today.
- It is compulsory for the respondent to surrender the applicant's Identity card as soon possible.
- It is compulsory for the respondent to pay one cow as the dowry within 15 days from today.
- Custody of the child is given to the plaintiff and the respondent shall have reasonable access to her.
- It is compulsory for the respondent to pay kshs. 4000/= as maintenance for his child and the plaintiff monthly effect from January 2019.
Remedies
- Dowry of cow
- Custody of the child
- Maintenance for the plaintiff
Authorities cited
Legislation (2)
- Surat Arum verse 21
- Surat Atwalaq verse 6
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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