Kenyan case law
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SIB v EAM [2018] KEKC 33 (KLR)
✦ The divorce in 2014 was valid and the Kadhi's court has jurisdiction in matrimonial property matters after divorce.
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SE v HBG [2018] KEKC 15 (KLR)
✦ The marriage is dissolved on faskh ground, with the applicant receiving custody of the children and the defendant paying a cow as dowry and kshs. 10,000 monthly maintenance for the children.
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In re Estate of Hassan Hamis Said (Deceased) [2018] KEKC 24 (KLR)
✦ The estate will be distributed as per Islamic law, with 50% of the shares in the Redhat Restaurant to be distributed after the sale of the business.
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HO v OS [2018] KEKC 31 (KLR)
✦ 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.
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In re Estate Juma Hamisi Kombo (Deceased) [2018] KEKC 39 (KLR)
✦ Proceedings of 4/6/2018 are set aside and the trial court is directed to serve a notice upon the parties to determine the need for eviction and for rendering accounts of rent.
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In re Estate of Rashid Mwnyoha [2018] KEKC 29 (KLR)
✦ The widow is entitled to one eighth of the estate, and each son is entitled to twice the share of the daughter.
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In re Estate of Hamida Ahmed Silayi – Deceased [2018] KEKC 20 (KLR)
✦ The deceased's legal heirs are confirmed as follows: Swabra Nanga’yo Silayi, Juweiriya Umilkheir Silayi, Tashrifa Otenyo Silayi, Swabir Silayi, and Ramla Badawy Silayi. The house on plot No. 731 at Riyadha Lamu is distributed among the heirs as specified.
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GS v BKD [2018] KEKC 16 (KLR)
✦ The prayer of the case has been granted accordingly and there is nothing to be decided by this court.
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HAH v IHD [2018] KEKC 13 (KLR)
✦ The marriage is hereby dissolved as requested by the applicant.
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TJ v AA [2018] KEKC 40 (KLR)
✦ The court finds no convincing grounds to believe the petitioner is justified to leave the matrimonial home. The petitioner forfeits her right of maintenance and has the option to free herself out of the marriage bond upon refund, if the respondent accepts the refund. The petitioner must refund the dowry of one cow or equivalent amount in Kenya shillings at the current market price, and compensate the respondent by paying refund of the expenses he incurred during the conduct of this marriage.
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SBH v AF [2018] KEKC 23 (KLR)
✦ The marriage is dissolved, and the applicant is ordered to wait for an eddah period of three months starting from August 30, 2018. The respondent is required to pay 2 cows instead of 4 cows as agreed upon.
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SK v HM [2018] KEKC 8 (KLR)
✦ The court awards the plaintiff a dowry of KES 30,000 and a send off of KES 2,000,000.
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TAM v HMG [2018] KEKC 21 (KLR)
✦ The respondent is ordered to submit Ksh. 15,000 monthly family maintenance by Mpesa.
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In re Estate of Mohamed Swafi Maulana – (Deceased) [2017] KEKC 8 (KLR)
✦ The court distributed the estate as follows: mother - 1/6, widow - 1/8, sons - 2/8 each, daughters - 1/8 each, and the 1/4 undivided share of the plot was to be transferred to the legal heirs.
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ZDB v IT & another [2017] KEKC 10 (KLR)
✦ The marriage is dissolved, and the applicant is ordered to wait for the eddah period of three months. The respondent is ordered to pay Kshs. 3,000 monthly as maintenance for the child.
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FW v NA [2017] KEKC 14 (KLR)
✦ The court grants the plaintiff's prayer for dissolution of the marriage through Khul'a and orders the defendant to refund the dowry.
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FHB v MH [2017] KEKC 6 (KLR)
✦ The marriage is dissolved, and the defendant is ordered to pay the balance of the dowry (13,000 Kenyan Shillings) within three months from the date of the judgment. The plaintiff is to wait for the Eddah period of three months.
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SM v JHA [2017] KEKC 4 (KLR)
✦ The marriage is dissolved on FASKH GRAOUND on condition that the applicant should wait for the eddah period of three months. A divorce certificate is to be issued today. The respondent is to pay 4 cows as payment of dowry within 30 days and 1 cow as Eddah maintenance within 30 days.
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FAJ v SJH [2017] KEKC 20 (KLR)
✦ The marriage is dissolved. The illegitimate child is attributed to the respondent. The land and house are owned by the respondent. The petitioner is entitled to personal items and the newborn child. The petitioner is not entitled to maintenance.
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In re Estate Gayole Abdallah Hiribae’s (Deceased) [2017] KEKC 13 (KLR)
✦ The legal heirs and their shares are: Fatuma Said (mother) - 1/6, Salima Hajibo Mwarabu (widow) - 1/8, Fatuma Dara Gayoye (daughter) - 1/8, Said Hiribae Gayoye (son) - twice the share of the daughter.
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In re Estate of Yusuf Rashid Boshestate (Deceased) [2017] KEKC 12 (KLR)
✦ The widow is entitled to one eighth (1/8) share, and each son is entitled to twice the share of the daughter.
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Hafsa Gula Mwinyi v Miriam Akamala Gula & another [2017] KEKC 11 (KLR)
✦ The court ruled that the sale was valid and the land should be registered in Richard Wesonga Muttai's name.
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FAA v RAD [2017] KEKC 16 (KLR)
✦ The marriage is dissolved on khulu ground, and the applicant should wait for eddah period of one month. The respondent is ordered to pay KSh.3600 for electricity and water bills.
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ZAO v AAH [2016] KEKC 5 (KLR)
✦ The marriage is dissolved on khul' grounds, with the applicant to wait for the eddah period of one month, custody of the child granted to the applicant, and the respondent to pay Kshs. 3000 monthly as maintenance.
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In re Estate of Abdurahim Said (Deceased) [2016] KEKC 12 (KLR)
✦ The court found that all buyers bought their portion legally and there is no dispute. The remaining land is to be distributed according to Islamic law.