This archive report was first published on 6 January 2022.
January 5, 2022, marked a significant setback for a woman seeking a share of her husband's matrimonial property. The Kakamega High Court, presided over by Judge William Musyoka, dismissed her case, ruling that the court lacked jurisdiction to hear and determine a dispute between spouses seeking division of matrimonial property before dissolution of their marriage.
The woman, identified as EKM, had filed the matrimonial case at the High Court in August 2018, seeking half share of the property she shared with her husband, HUM. According to court documents, EKM claimed that her husband had their eight matrimonial properties registered under his name and that she was entitled to half the share by virtue of contributing to the acquisition of the property and welfare of the family.
However, Judge Musyoka noted that the division of the property could only happen after the parties ceased to be married and proved their divorce. In his ruling, the judge stated, 'From what I have said so far, it is clear that there is no jurisdiction to divide matrimonial property in this case, as the marriage has not been dissolved.'
Justice Musyoka added, 'I will not venture to address the rest of the issues raised, for that will be un-academic as there is no jurisdiction to alienate property during coverture, such as in the present case, the suit before me is dismissed.'
