DIVORCE OF A FOREIGN MARRIAGE IN KENYA In Kenya, marriages are governed by the Marriage Act (Act No.4 of 2014). The Act defines a marriage as the voluntary union of a man and a woman whether in a monogamous or polygamous union registered in accordance with the Act. Similarly, divorce in Kenya is governed by the provisions of the Marriage…
HIGH COURT RULES HAVING CHILDREN TOGETHER IS NOT PROOF OF MARRIAGE SUCCESSION CAUSE NO. 164 OF 2010 The High Court of Kenya at Nakuru has ruled that having children together is not proof of marriage. Justice Joel Ngugi ruled in an objection application filed by Lucy Wambui Mwaura to the Petition for Letters of Administration filed by Catherine Wamuyu Ikinya…
REVIEW OF THE PUBLIC PRIVATE PARTNERSHIP (AMENDMENT) BILL, 2021 Introduction The Public Private Partnership (Amendment) Bill, 2021 (the “Bill”) is sponsored by Amos Kimunya, Leader of Majority Party. The Bill went through the third reading on 30th June 2021 before the National Assembly. The principal purpose and objective of the Bill is to provide for the participation of the private…
Before the Supreme Court was a Notice of Motion application dated 17th February 2021, by Kenya Hotel Properties Limited. The application sought the following orders: That leave be granted to the applicant, Kenya Hotel Properties Limited, extending time to file its Supplementary Record of Appeal out of time;That the Supplementary Record of Appeal dated 8th February 2021 and filed on…
The appeal in the Supreme Court arose from the Judgement of the Court of Appeal, which had upheld the decision of the High Court, dismissing Base Titanium Limited’s petition. The appeal concerns a cess fee of KES. 3000 imposed on each of Base Titanium Limited’s trucks from 17th June 2014, whenever transporting minerals from Kwale County to Mombasa Port which…
This is a decision on an appeal that arose from the judgment of the Court of Appeal (Visram, Karanja & Otieno-Odek, JJA) in Civil Appeals No. 43 and 48 of 2017, which got consolidated. The decision of the Court of Appeal set aside the orders of certiorari and prohibition issued by the High Court (Odunga J.) in Miscellaneous Application No.…
The Respondent in this application alleges that he had cohabited with the Applicant from 1986 to 2011. While together, they purchased a piece of property and developed it. A conflict arose causing the Respondent to move the High Court vide Originating Summons, seeking a declaration that the suit property was acquired and developed jointly with the Applicant during their marriage…
PETITION NO.8 OF 2019 This appeal arises from a Court of Appeal judgement which upheld the High Court’s decision. The brief background to this matter is that the 3rd Appellant, Karuturi Limited, defaulted in its repayment obligations to the 1st Respondent, CFC Stanbic Bank Limited, which led to the appointment of receivers. The High Court confirmed the appointment of receivers,…
PETITION NO. 37 OF 2019 This appeal arose to challenge the entire Judgement and Orders of the Court of Appeal. The dispute arose from the allocation of the piece of land known as LR. No. 20247 to Pati Limited. At the High Court, the main contention by Funzi Island Development Limited & 4 others was that the original piece of…
Reference Details Parties: Appellant -The Executive Committee Kisii County, The Governor Kisii County and The County Government of Kisii. Respondents - Masosa Construction Limited (1st) and The Transition Authority (2nd). Jurisdiction: Supreme Court of Kenya (Coram:P. M. Mwilu; DCJ & VP, M. K. Ibrahim, S. C. Wanjala, Njoki Ndungu & I. Lenaola, SCJJ). Date of Decision: 16th July, 2021 Case…
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