In the Court of Appeal at Nakuru 16th December 2025 Civil Appeal No. 16 of 2019 (CA No. 84 of 2019) Introduction The litigation originated from a domestic and commercial conflict involving a matrimonial home and the subsequent sale of that home to a third party by the registered proprietor without the spouse’s consent. Francis Ngata King’ori and the late…
Katiba Institute vs Kenya National Commission on Human Rights and National Assembly and 5 Others (Petition No. E036 Of 2024 (Consolidated With Petitions E080 and E497 Of 2024)). The dispute before the High Court arose from a longstanding legal impasse regarding the validity of the robbery and attempted robbery provisions within the Kenyan Penal Code. This constitutional conflict traces its…
The Supreme Court of Kenya’s judgment in MNK v POM; Initiative for Strategic Litigation in Africa (ISLA) (Amicus Curiae) (Petition 9 of 2021) KESC 2 (KLR) (27 January 2023) delivers crucial clarity on property disputes arising from long-term cohabitation relationships not formally recognized as marriage under the law. The case navigated complex issues surrounding the applicability of repealed legislation, the…
This article provides a comprehensive analysis of the High Court of Kenya’s judgment in Constitutional Petition No. E075 of 2022, which considered a challenge to Part X of the Marriage Act, 2014. The petitioner sought to have the provision declared unconstitutional for failing to provide for divorce by mutual consent, arguing that the current fault-based system is detrimental to parties…