FHK v AAM [2021] KEKC 2 (KLR)
The bottom line
#A Kenyan Kadhi's Court dissolved an Islamic marriage and ordered the father to pay Kshs. 18,000 monthly child support plus dowry in instalments.
What this practically means
#Executive summary
#Key legal issues
#Amount of monthly child maintenance payable by the father
The court fixed maintenance at Kshs. 18,000 per month, a figure between the respondent's offer of Kshs. 15,000 and the Kshs. 20,000 previously paid, taking into account the father's means and shared parental duty
The court relied on Quran 2:233 and Sahih Albukhaary 5364 to hold that provision for children is the father's duty according to his means, no person being tasked beyond what he can bear. The respondent's earnings were unproved as nothing was produced on what he earns or spends. The petitioner accepted the Kshs. 20,000 previously paid, but the respondent pleaded financial difficulty and offered Kshs. 15,000. The court arrived at a compromise figure of Kshs. 18,000 monthly from 7th November 2021.
Payment of dowry
The respondent was ordered to pay the agreed dowry of USD 2,000 in installments of Kshs. 5,000 monthly
The petitioner testified that during the marriage ceremony the parties agreed her dowry would be USD 2,000, which remained unpaid. The respondent did not dispute the claim and indeed stated he had no problem paying the dowry, proposing installments of Kshs. 5,000 monthly. The court adopted that proposal, ordering payment to commence on 7th November 2021 until completion.
Dissolution of the marriage
The Islamic marriage, evidenced by the parties' agreement that they were husband and wife and no longer maintaining their matrimonial relationship, was dissolved
The petitioner married the respondent under Islamic traditions on 16th June 2016 in Sultan Hamud and bore three children. She testified the respondent had divorced her, communicated through Sheikh Hussein Ali who solemnized the marriage, and had ceased maintaining the family. The respondent did not challenge her claims, and the court found no dispute that the parties were husband and wife and no longer maintaining their matrimonial relationship, warranting dissolution.
Legal principles established
#- Under Islamic law the provision for children is a duty of the father according to his means, and no person shall be tasked with a burden greater than he can bear.
Court orders
#- 1.The marriage between the petitioner and the respondent is hereby dissolved
- 2.The respondent to provide a monthly Kshs. 18,000 towards the maintenance of the children as from the 7th of November 2021
- 3.The respondent to pay the petitioner her dowry of US dollars 2,000 in installments of Kshs. 5,000 each month until he completes as from the 7th of November 2021
- 4.The respondent is hereby granted liberty to access the three children at reasonable times
- 5.No order as to costs
- Jurisdiction invoked
- Original jurisdiction of the Kadhi's Court over Islamic law marriage and divorce matters
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "FHK v AAM [2021] KEKC 2 (KLR)", Case Analysis (2021). Divorce Petition filed 13th July 2021 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2021/2/eng@2021-11-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.