CEA v BA [2022] KEHC 11237 (KLR)

CEA v BA (Divorce Cause E011 of 2021) [2022] KEHC 11237 (KLR) (Family) (16 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11237 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Divorce Cause E011 of 2021

AO Muchelule, J

June 16, 2022

Between

CEA

Applicant

and

BA

Respondent

Ruling

1. The petitioner CEA and the respondent BA got married on December 2, 2005 and have a child. This child is the subject of custody and maintenance proceedings in Children Court Cause No 1534 of 2019 at Milimani that was filed by the respondent.

2. Before this court is a divorce cause brought by the petitioner against the respondent. The petitioner seeks the dissolution of the marriage and the payment of alimony in the sum of Kshs 300,000/= per month secured upon the respondent’s assets. It is within the cause that she has filed a motion seeking the payment to her by the respondent of Kshs 200,000/= per month being maintenance and pendente lite. She also seeks to have access to their matrimonial home. There is no pending cause for the determination of matrimonial property. The notice of motion has been contested.

3. Under section 2 of the Marriage Act, No 4 of 2014, the court with the jurisdiction to hear and handle the divorce dispute between the petitioner and the respondent is the Resident Magistrate’s Court. It was wrong for the petitioner to file the dispute before this court.

4. Consequently, I transfer this matter to the Chief Magistrate’s Court at Milimani for hearing and resolution. The parties shall appear before that court on June 23, 2022 for directions on hearing of the notice of motion therein.

DATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JUNE, 2022. AO MUCHELULEJUDGE