Kenyan case law
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O S A v M S A (Civil Case 3 of 2015) [2015] KEKC 16 (KLR) (23 April 2015) (Ruling)
✦ The Kadhis Court has jurisdiction to hear and determine matters concerning children
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F B M v M S (Civil Case 17 of 2015) [2015] KEKC 31 (KLR) (23 April 2015) (Judgment)
✦ The court finds that the defendant's desertion of his wife for two years and seven months has denied her conjugal rights and has not been providing for her. The court grants the plaintiff's prayer for dissolution of the marriage.
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In re Estate of Rehema Binti Said Msonek (Deceased) (Succession Cause 100 of 2014) [2015] KEKC 22 (KLR) (23 April 2015) (Judgment)
✦ The estate consists of the property in Mombasa island. The heirs of the deceased are determined, and the distribution of the estate is ordered.
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M S N v N F R [2015] KEKC 6 (KLR)
✦ The marriage is dissolved, and the defendant is required to wait for the eddah period of three months. The plaintiff is ordered to pay Ksh 10,000 as dowry within 60 days. The television is to be returned to the plaintiff within 5 days.
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Abdallah Ramadhan v Haawa Mohammed [2015] KEKC 21 (KLR)
✦ The court granted the plaintiff's prayer for the restriction of the defendant from dealing with the suit property and the deposit of rental proceedings in a cooperative bank account.
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In re Estate of Mswabah Karama (Deceased) (Succession Cause 168 of 2008) [2015] KEKC 27 (KLR) (2 April 2015) (Ruling)
✦ The court finds that the property is part of the estate and should be included in the list of the deceased's estate.
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In re Estate of Awadh Salim Awadh (Deceased) (Succession Cause 95 of 2013) [2015] KEKC 44 (KLR) (2 April 2015) (Judgment)
✦ The slaughter house at Mariakani is part of the estate and the 4th defendant is not entitled to it.
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In re Estate of Nassor Mbarak (Deceased ) (Succession Cause 284 of 2010) [2015] KEKC 43 (KLR) (2 April 2015) (Judgment)
✦ The court found the estate had not been distributed and therefore the matter was not res judicata and could proceed.
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AAAN v MJK aka SJK (Civil Case 50 of 2014) [2015] KEKC 45 (KLR) (2 April 2015) (Ruling)
✦ The court set aside the parties' consent agreement and ordered the main suit to be set down for hearing and judgment entered.
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N H A v M M M S A (Civil Case 224 of 2014) [2015] KEKC 47 (KLR) (26 March 2015) (Ruling)
✦ The defendant's preliminary objection is dismissed.
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In re Estate of Ahmed Hamda Ahmed (Deceased) (Succession Cause 141 of 2013) [2015] KEKC 46 (KLR) (26 March 2015) (Judgment)
✦ The court appointed the petitioner as administratix of the estate and distributed the estate according to Islamic Shariah.
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In re Estate of Masud Said Shambi (Deceased) (Succession Cause 242 of 2014) [2015] KEKC 49 (KLR) (26 March 2015) (Judgment)
✦ The estate is vested in the heirs absolutely.
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In re Estate of Salim Ibrahim Juma (Deceased) (Succession Cause 186 of 2015) [2015] KEKC 51 (KLR) (26 March 2015) (Ruling)
✦ The estate of Salim Ibrahim Juma shall be distributed according to Islamic law, and the court will determine the heirs and their appropriate shares according to Islamic law.
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BMS v MHM (Civil Case 21 of 2015) [2015] KEKC 48 (KLR) (26 March 2015) (Judgment)
✦ The marriage is confirmed annulled, one revocable with effect from January 7, 2015. The dowry balance is Kes 75,000.00, and the plaintiff is entitled to Kes 40,000.00 for Kilemba and Maziwa. The plaintiff is not entitled to Mut'a compensation.
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In re Estate of Ibrahim Bakari Mwaigachu ( Deceased ) (Succession Cause 208 of 2014) [2015] KEKC 50 (KLR) (23 March 2015) (Ruling)
✦ The applicant is not entitled to collect rent on behalf of the estate in this matter and her share of the rent proceeds is about KES 4,300.00 per month.
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MEM v AD [2015] KEKC 4 (KLR)
✦ The court dissolves the marriage and orders the defendant to pay the Mahr and maintain the child.
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RO v WA [2014] KEKC 5 (KLR)
✦ The marriage is dissolved, the petitioner must pay Ksh 5,000 as dowry within 30 days, custody of the second child is given to the petitioner, and the respondent has reasonable access to the first child.
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AAR v AHA [2014] KEKC 2 (KLR)
✦ The marriage is dissolved by the plaintiff, and the respondent is entitled to 60,000 shillings as dowry balance and 27,000 shillings as edda maintenance. The furniture belongs to the plaintiff.
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A S R v A A [2013] KEKC 1 (KLR)
✦ The marriage is dissolved in a Khul (divorce) and the petitioner is granted custody of the children.
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UAM v MOA [2021] KEKC 13 (KLR)
✦ The marriage is dissolved, joint legal custody is granted to both parties, physical custody to the paternal grandmother, the petitioner is granted access to the children, the respondent refunds 450,000 Kenyan Shillings, the petitioner refunds 600,000 Kenyan Shillings, the petitioner contributes 50% to the children's education, and each party bears its own costs.
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WMW(F) v IAA [2021] KEKC 5 (KLR)
✦ The court granted the Petitioner's request for dissolution of the marriage and awarded her physical and legal custody of the three children.
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FHK v AAM [2021] KEKC 2 (KLR)
✦ The court declares the marriage does not exist and grants custody of the minors to the petitioner.
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In re Estate of Ali Nge'ntu (Deceased) [2020] KEKC 16 (KLR)
✦ The entire Plot No. 1805 belongs to the estate.
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In re Estate Of Kassim Abdalla Hussein (Deceased) [2020] KEKC 8 (KLR)
✦ The mother, Fatuma Dima Hirbo, is awarded custody of the children. The estate is distributed as follows: Widow (12.5%), Son (27.1%), Daughter (13.5%), Daughter (13.5%), Mother (16.7%), and Father (16.7%). The widow's share from rental income is ordered to be given to her.
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In re Estate of Hamisi Tore Kalela (Deceased) [2020] KEKC 4 (KLR)
✦ The court dismissed the preliminary objection with costs, finding that the plaintiff/respondent has the right to follow the inheritance of their grandfather and that the court has jurisdiction to resolve disputes over the ownership of the estate or part thereof.