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Untangling Property Rights in Unrecognized Relationships: An Analysis of the Supreme Court Decision in MNK v POM

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 The case navigated complex issues surrounding the applicability of repealed legislation, the…

NO DIVORCE BY CONSENT! High Court roars in Constitutional Petition No. E075 of 2022

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…

Supreme Court Settles Key Land Law Principles: Legitimate Expectation, Bona Fide Purchaser, and the Indefeasibility of Title on Public Land

In a landmark judgment delivered on April 11, 2025, the Supreme Court of Kenya in Petition No. E033 of 2023, Harcharan Singh Sehmi & Another v Tarabana Company Limited & 5 Others, revisited and clarified critical principles surrounding land ownership in Kenya, particularly concerning the renewal of leases on public land, the doctrine of innocent purchaser for value, and the…

Navigating the Complexities of Intimate Partner Violence: The Supreme Court’s Insights on the Battered Woman Syndrome in Ruth Wanjiku Kamande vs Republic case

The Supreme Court of Kenya recently rendered a pivotal judgment in Ruth Wanjiku Kamande Vs Republic, SC Petition No. E032 of 2023, shedding light on the evolving role of the battered woman syndrome within the country’s criminal justice system. While the appeal itself was dismissed on procedural grounds, the Court’s detailed analysis provides valuable guidance for legal practitioners and illuminates…