KR v SKK (Matrimonial Cause E006 of 2025) [2025] KEHC 10420 (KLR) (18 July 2025) (Ruling) Neutral citation: [2025] KEHC 10420 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET MATRIMONIAL CAUSE E006 OF 2025 RN NYAKUNDI, J JULY 18, 2025 BETWEEN KR ............................................................................................................... APPLICANT AND SKK ........................................................................................................ RESPONDENT RULING 1. The Application before Court is a Certificate of Urgency dated 5th May 2025 accompanied with a Notice of Motion expressed to be brought under Section 1, 1B, 3A of the Civil Procedure Act, Order 51 of the Civil Procedure Rules, section 7, 8, 9, 11, 12, 14 and 17 of the Matrimonial Property Act 2013, Article 159 of the Constitution of Kenya 2010 seeking the following orders; a. That this Application be certified as urgent and service of the same be dispensed with in the first instance. b. That pending hearing and determination of this case, this Honourable Court be pleased to issue conservatory orders restraining the Respondent either by himself, his agents, employees, servants and/or person from leasing, selling, disposing off, charging, transferring, collecting income and/or in any other way dealing with the properties subject of this cause to wit: a. Eldoret/MUN/Block 20 (Kapyemit)/706 b. Eldoret/MUN/Block 20 (Kapyemit)/1869 c. That the Respondent through his agents, family members, relatives and/or fiancée be restrained from sending any amorphous messages, threats and other tortuous acts detrimental to the Applicant. d. That costs of this Application be in the cause. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10420/eng@2025-07-18 1
page 1 of 2
Orders/directions 2. This matter coming up on 18.7.2025 for directions on the Notice of Motion dated 5th May 2025 before Honourable Justice, R. Nyakundi upon reading the motion and the affidavit ex-parte in the first instance 3. It is hereby ordered a. That the Application is certified as urgent b. That the application be served upon the Respondent within 14 days. c. That this matter is fixed for inter-partes hearing on 24th July 2025 before High Court No.2. d. The issue of conservatory orders be canvassed at the inter-partes forum. GIVEN UNDER MY HAND AND SEAL OF THE HONOURABLE COURT THIS 18TH DAY OF JULY 2025. ……………………………….. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10420/eng@2025-07-18 2
page 2 of 2