HAS v AJD [2019] KEKC 30 (KLR)
The bottom line
#A Kericho Kadhi's Court granted a woman a divorce and custody after her husband deserted the family for seven years, but made no specific maintenance order.
What this practically means
#Executive summary
#Key legal issues
#Whether the marriage should be dissolved on grounds of the respondent's abuse and desertion
The marriage was dissolved effective 16th April 2017 (29th Rajab 1439)
The claimant testified that the respondent became abusive and violent and abandoned the family seven years prior, never caring for the children. The court held that such desertion offends the objectives of marriage and violates the claimant's right to a fruitful marital life, and relied on Islamic objectives of marriage (Qur'an, Rum 30:21) and Article 88 of the Islamic Charter on Family permitting divorce where the husband refuses financial support or is long absent.
Custody and maintenance of the children
Custody granted to the claimant
The court observed that parental responsibility is shared under the Children Act, and that the claimant has been living with and caring for the children while the respondent neglected them for over seven years. On that basis custody was awarded to the claimant.
Legal principles established
#- Desertion of the family by a spouse for seven years offends the objectives of marriage and violates the claimant's right to a fruitful marital life
- A wife may request divorce where the husband refuses to provide financial support or has long been absent, per Article 88 of the Islamic Charter on Family
Court orders
#- 1.The parties' marriage is pronounced and declared dissolved with effect from 16th April 2017, corresponding with 29th Rajab, 1439
- 2.Custody of the children is granted to the claimant
- 3.Costs of the suit awarded to the claimant
- Jurisdiction invoked
- Islamic Law marriage dissolution jurisdiction of the Kadhi's Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "HAS v AJD [2019] KEKC 30 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2019/30/eng@2019-05-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.