Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
KadhiPartially AllowedDivorce Case No 13 of 2015· [2016] KEKC 3 (KLR)

FAM v JOA [2016] KEKC 3 (KLR)

Kadhis' Court at Kisumu
19 January 2016
304 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

A Kisumu Kadhi dissolved a 13-year-deserted Muslim marriage, gave the mother custody, and ordered monthly child maintenance of Kshs 13,300.

What this practically means

#

Executive summary

#
In an ex parte divorce cause filed on 13th October 2015 at the Kadhis' Court at Kisumu, the applicant FAM sought dissolution of her marriage to the respondent JOA, custody and maintenance of the two children of the marriage (DK and A), payment of the balance of the mahri, and compensation for rent, school fees and maintenance from 2002 to date. The respondent did not participate and the cause proceeded ex parte. The applicant testified that the respondent deserted the family thirteen years earlier, never returned, made no communication and sent no money, and that when she raised the matter with the respondent's mother and brothers she was told to find her own means of caring for the children. The Kadhi, Mursal M Sizi, found on the applicant's uncontroverted evidence that the marriage was no longer tenable under the Holy Quran and the hadith of the Prophet. The court ordered dissolution of the marriage conditional on the applicant observing the eddah period of three months, with a divorce certificate to issue on 19th April 2016. Custody of the children was granted to the applicant with reasonable access to the respondent. The respondent was ordered to pay Kshs 1,000 as the balance of the dowry within 25 days, and Kshs 13,300 monthly child maintenance effective January 2016. No express order was made on the claim for compensation for rent, school fees and arrears since 2002. Ruling was set for 30 days.

Key legal issues

#
01

Dissolution of marriage on ground of desertion

Holding

The marriage was dissolved, the applicant to observe eddah for three months

Reasoning

The applicant testified ex parte that the respondent deserted the family thirteen years earlier, never returned, communicated or provided support. She informed the respondent's mother and brothers, who told her to fend for the children herself. The Kadhi found the evidence sufficient to show the marriage was no longer tenable under Islamic law.

p. 1
02

Custody, access and maintenance of children

Holding

Custody to the applicant with reasonable access to the respondent, and monthly maintenance of Kshs 13,300

Reasoning

The two children, DK and A, had been living with and being cared for by the applicant, the respondent having abandoned them. The court granted custody to the applicant, preserved the respondent's reasonable access, and ordered the respondent to pay Kshs 13,300 monthly maintenance effective January 2016.

p. 1

Legal principles established

#
  • A Muslim marriage may be dissolved where the evidence shows it is no longer sustainable under the Holy Quran and the hadith of the Prophet
  • A divorced wife must observe the eddah period of three months before the dissolution takes final effect

Court orders

#
  1. 1.The marriage is dissolved on condition that the applicant observes the eddah period of three months
  2. 2.A divorce certificate to be issued on 19th April 2016
  3. 3.Custody of the children granted to the plaintiff with the respondent having reasonable access
  4. 4.The respondent to pay Kshs 1,000 as payment of the dowry within 25 days from 19th January 2016
  5. 5.The respondent to pay Kshs 13,300 per month as maintenance for his children effective January 2016
Jurisdiction invoked
Original jurisdiction of the Kadhis' Court over Muslim marriage and divorce (divorce cause filed 13th October 2015)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "FAM v JOA [2016] KEKC 3 (KLR)", Case Analysis (2016). Divorce Case No 13 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2016/3/eng@2016-01-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.