R W K v P K K [2017] KEHC 902 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

FAMILY DIVISION

CIVIL CASE NO. 7 OF 2015 (O.S)

IN THE MATTER OF AN APPLICATION UNDER THE MATRIMONIAL PROPERTY

R W K....................................PETITIONER

VERSUS

P K K...................................RESPONDENT

RULING

The matter commenced interpartes hearing on 13th October, 2015 and for various reasons as the Court record will show and confirm the same is ongoing albeit at a very slow pace.

Today’s hearing date was obtained by consent from the last hearing date 21st September, 2017 and until now it was not clear to the Court that the matter was not proceeding.

The Counsel for the Applicant has been candid that he was informed by letter that Mr. Kahuthu Counsel for the Respondent would be away to pick his child after exams from school. Be that as it may, this information ought to have been relied to the Court at the earliest convenience and to Counsel so that parties do not attend Court and the Court can attend to other matters.

This Court will adjourn this matter today’s and proceed on 16th November, 2017 and Counsel and Parties be duly served the Hearing Notice.

In the meantime with regard to the Originating Summons of 2nd February, 2015 filed on 23rd February, 2015, it has been brought to the attention of this Court that as the hearing drags on the school is being subjected to change of name and possibly with intention to deprive the Plaintiff of her share in the long run.

So as not prejudice each of the parties interests the properties outlined in paragraph 2 of the Notice of Motion of 23rd February, 2015 are hereby preserved under Section 17 of Matrimonial Property Act until hearing and determination of this matter.

It is hereby ordered.

DELIVERED SIGNED & DATED IN OPEN COURT IN NAIROBI ON 2ND NOVEMBER, 2017.

M. W. MUIGAI

JUDGE