This archive report was first published on 20 July 2019.
On July 20, 2019, a Kadhi's Court in Garsen, Tana River County, made a shocking ruling in a marriage dispute between a man and his wife.
The court, presided over by Kadhi Mursal Mohamed, dissolved the one-year-old marriage and ordered the woman to return the dowry paid by her husband, which included two cows and Sh50,000.
The couple had disagreed over the woman's dressing, which the man said was against Islamic principles, and her failure to observe daily prayers.
According to the court documents, the woman had denied accusations of defying Islamic principles and had instead accused her husband of threatening to kill her and regularly assaulting her.
She claimed that in 2017, when she was pregnant, her husband had assaulted her and forced her to take drugs to abort the pregnancy.
Despite her request for divorce being granted, the woman was ordered to wait for one month from the date of judgment to marry another man, as per Islamic law.
The court also directed the husband to pay Sh1,000 in monthly child support.
However, the woman's lawyer, Said Hisham, obtained a High Court order staying the execution of the Kadhi's Court judgment, citing that the woman was not satisfied with the ruling.
In a memorandum of appeal, the woman argued that the Kadhi had erred in law and fact by ordering her to pay back the dowry, as the marriage had been consummated.
