M D M B M v R S S & F M [2016] KEHC 8087 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

DIVORCE NO. 27 OF 2013

M D M B M……………….………………….…….PETITIONER

VERSUS

R S S …………………………………………..RESPONDENT

F M…………………………………………CO-RESPONDENT

RULING

1. This ruling is in respect of a Notice of Preliminary Objection dated 10th February 2015, filed herein by the petitioner.

2. The objection arises from the application filed herein by the respondent dated 22nd January 2015. The said application seeks review of orders made on 28th November 2014.

3. I have perused through the application. It is noteworthy that the review is being sought roughly one and half months after the delivery of the ruling which gave rise to the orders sought to be reviewed. It cannot be said that the application was brought after unreasonable delay. .

4. The applicant has exercised the option to have the orders reviewed, and prays for stay of the orders pending the review.

5. I do not think it would be unreasonable to require the parties to argue the application dated 22nd January 2015 first so that it can be determined on its merits.   The issue of compliance with the orders made on 28th November 2014 should be dealt with after determination of the application dated 22nd January 2015.

6. I will overrule the objection on those terms. There shall be no order as to costs.

DATED, SIGNED and DELIVERED at NAIROBI this 23RD DAY OF SEPTEMBER, 2016.

W. MUSYOKA

JUDGE