MATRIMONIAL

PROPERTY
DIVISION
How/Who/When
to Approach the
Court?
 Matrimonial
Property Rules &
Other enabling
Legal Provisions.
Objectives of the Rules

How to Approach the Court

Locus Standing

Court To Approach

Accompanying Documents

Case Laws
 Objectives of
the Matrimonial How to Approach Court

Property Rules Rule 7 (1): If seeking for declaration of any

of Kenya, 2022. property as matrimonial- The Application

may be made as part of the relief sought in
To facilitate the just,
the matrimonial cause/divorce petition.
expeditious,
proportionate and Rule 7 (2): After Dissolution of Marriage by
affordable resolution of
disputes relating to decree- Claim shall be by way of Originating
matrimonial property. Summons, returnable before a judge or
Give effect to the spirit Magistrate- In Form MP1.
and principles of the
Constitution.
 Akoth v Soro (Misc. App. E003/2023 )
RULE 35 (2) OF THE MATRIMONIAL
PROPERTY RULES, 2022
In the instant Application, one of the orders sought
was, “that this court be pleased to grant leave to the
Applicant to file an Originating Summons for Division
of Matrimonial Property out of Time.”
Rule 35 (2)- Failure to strictly comply with the forms
prescribed by the MPR,2022 does not of itself
prejudice or invalidate the proceedings.
 FORM MP1 CONTENTS
The Orders sought. the Marriage was the cause of action.
The parties to the dissolved. The Property
proceedings The rights or beneficial
The parties' issues/questions to interests asserted
respective postal be determined by in the claim; and
and physical the court, set out The relief sought.
addresses for in a concise
service, email manner with
addresses and sufficient
telephone contacts particulars to
if any; enable the court to
identify the issues
The date on which in contention and
 Supporting Affidavit- Rule 7 (4) & (5)
A claim made under these attaching thereto; and (ii)the funds brought into
Rules shall be supported settlement by each spouse;
(ii)the assets to which the
by an affidavit stating—
party against whom the (e)in the case of a claim for
(a)the grounds on which claim is made is entitled, cancellation of a transfer
the claim is made; either in possession or or other disposition—
reversion;
(b)whether there has been (i)the assets to which the
any previous claim (d)in the case of a claim for disposition relates;
relating to the matrimonial an order to vary an
(ii)the persons in whose
property in question, and agreement made before
favour the disposition is
whether any attempts their marriage setting out
alleged to have been
have been made to their property rights, or an
made; and
reconcile the parties; order of a court made in
determination of their (iii)in the case of a
(c)in the case of a claim for
property rights— disposition alleged to have
a transfer or settlement of
been made by way of a
assets— (i)all settlements, whether
settlement, the trustees
made before or after their
(i)the assets in respect of and the beneficiaries of the
marriage, made on the
which the claim is made settlement.
spouses; and
and the liabilities, if any,
 Supporting Affidavit- Rule 7 (6) & (7)
In addition to the the hearing of the and serve on the
above, the affidavit claim; respondent
in support of the (b)a list of additional list of
Summons shall be witnesses, if any; witnesses, witness
accompanied by— and statements and
(a)a duly bundle of
(c)witness evidential
authenticated statements, if any.
bundle of documents within
evidential (7)Notwithstanding seven days of
documents sought the provisions of service of the
to be relied upon at paragraph (6), the response.
claimant may file
 LOCUS STANDING- RULE 4
Who may institute civil proceedings claiming a right or relief in relation to
matrimonial property?
Any person, including the following persons, may institute civil proceedings
claiming any right or relief in relation to matrimonial property—
(a)a spouse;
(b)any person against whom a spouse has made a conflicting claim in respect
of property; and
(c)a trustee in bankruptcy, an executor under a will or other testamentary grant,
an administrator or a personal representative, of the estate of a spouse for an
order or declaration relating to the status, ownership, vesting, or possession of
any specific property by, or for the beneficial interest of, a spouse or former
spouse.
 Jurisdiction- Court To Approach
-Law to Apply in case
High Court of Kenya Magistrates Court parties are Muslims
-where the value of the -a magistrate's court -Where the spouses
matrimonial property having civil profess the Muslim faith,
which is the subject jurisdiction to the court to which an
matter of the claim adjudicate matters application is made may,
exceeds the pecuniary
within the court's on the request of the
jurisdiction of a
pecuniary jurisdiction. parties, be guided by
magistrate's court.
Muslim law.
RULE 5 (2) (3) AND RULE 18 OF THE
MPR,2022.
Rule 5 (2) (3) of the Matrimonial Property Rules 2022 provides that a suit
for division of matrimonial property should be filed within 1 year of
dissolution of the marriage.
Rule 18 of the MPR,2022 further provides that, “ No party may file any
pleadings or other process out of time except with leave of the court on
Application for extension of time for that purpose, and on such terms as
the court may think just.”
In the case of Akoth v Soro (2023), the Application was made after 5
years of the dissolution of the marriage in question (to file the
originating summons out of time). The court considered the
circumstances leading to the non-compliance of time and granted leave
as prayed.