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The Marriage (Matrimonial Proceedings) Rules

Legal Notice 122 of 2020

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The Marriage (Matrimonial Proceedings) Rules
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Legal Notice 122 of 2020
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Marriage Act
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LAWS OF KENYA

MARRIAGE ACT

THE MARRIAGE (MATRIMONIAL PROCEEDINGS) RULES

LEGAL NOTICE 122 OF 2020

  • Published in Kenya Gazette Vol. CXXII—No. 140 on 17 July 2020
  • Commenced on 17 July 2020
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Rules may be cited as the Marriage (Matrimonial Proceedings) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"court" has the meaning assigned to it under section 2 of the Act;"defended cause" means a matrimonial cause in which a respondent has entered appearance and filed an answer;"Kadhi's Court" means a subordinate court established pursuant to Article 170(3) of the Constitution;"petitioner" means a party to a marriage who applies to the court for a separation, divorce, annulment of marriage or presumption of death of a spouse;"respondent" means a party to a marriage who defends or otherwise responds to the petitioner's application for a separation, a divorce, an annulment of marriage or a presumption of death of a spouse, including a party who files a cross-petition;"spouse" has the meaning assigned to it under section 2 of the Act; and"undefended cause" means a matrimonial cause in which no answer has been filed and includes a matrimonial cause in which all the answers have been struck out.

3. Objective

(1)The objective of these Rules is to facilitate the just, expeditious, proportionate and affordable resolution of matrimonial disputes under the Act and any other written law.
(2)The Court shall, in the exercise of its powers under the Act or the interpretation of any of its provisions, seek to give effect to the spirit and principles of the Constitution and the objective of these Rules.

Part II – COMMENCEMENT OF MATRIMONIAL PROCEEDINGS

4. Application for leave to present a petition

(1)An application for leave to present a petition for separation of the parties or for the dissolution of a marriage contracted under Part IV of the Act before three years have elapsed since the celebration of the marriage shall be made by originating summons in Form MA15 set out in the First Schedule.
(2)The applicant shall file an affidavit in support of the Originating Summons under subrule (1) stating—
(a)the grounds on which the application is made;
(b)whether there has been any previous application under this rule; and
(c)whether any effort has been made to reconcile the parties.
(3)The affidavit required under subrule (2) shall be accompanied by a copy of the intended petition.
(4)If the application for leave under this rule is allowed, the intended petition shall be deemed as duly filed on payment by the applicant of the fee set out in the Second Schedule, whereupon the proceedings shall commence in accordance with these Rules.
(5)An application for leave under this rule may be heard ex-parte.
(6)An application to live apart under section 14 of the Act shall be by way of a Miscellaneous Application inter parties and shall be accompanied by a form of consent and the agreement to live apart.
(7)Upon the expiry of the one year period from the date of the agreement to live apart, a party may petition the court to determine their status by way of Originating Summons in form MA16.
(8)A notice of objection to the Registrar or the person in charge of the place where notice of intended marriage has been posted under sections 19 and 27 of the Act shall be sufficient provided that the notice—
(a)is in writing;
(b)discloses the name of the person giving the notice of objection;
(c)discloses the person's relationship with either of the parties to the intended marriage; and
(d)discloses the reason for the objection to the intended marriage.
(9)A report of the process of determination of the objection under sections 20(3) and 28(3) of the Act shall be in form MA17 and shall disclose—
(a)the details in subrule (8)(b) to (d) above;
(b)a summary of the proceedings;
(c)a copy of the regulations relied upon; and
(d)the reasons for the decision of the person in charge of the public place where the marriage is to be celebrated
(10)An appeal under sections 20(4), 28(4) and 29(3) of the Act shall be by way Originating Summons.

5. Commencement of proceedings

Proceedings for—
(a)separation of the parties;
(b)dissolution of a marriage;
(c)annulment of a marriage; or
(d)presumption of death of a spouse,
shall be commenced by a petition to the court in Form MA18 set out in the First Schedule.

6. Form of Petition

(1)A petition under rule 5 shall state—
(a)the date and place of the marriage;
(b)the principal address at which the parties to the marriage have cohabited within or outside Kenya, as the case may be;
(c)whether there are any living children of the marriage, and if so, the names and dates of birth or ages of such children;
(d)whether there have been any previous proceedings with reference to the marriage by or on behalf of either of the parties thereto, and if so, the date and effect of any decree or order made in such proceedings, and whether there has been any resumption of cohabitation since the making thereof;
(e)the alleged matrimonial offence, or other grounds on which the relief is sought, setting out with sufficient particularity in separate paragraphs the individual facts relied on, other than the evidence by which they are proved;
(f)in the case of a petition for presumption of death and dissolution of the marriage, the last place of cohabitation of the parties and the circumstances in which the parties ceased to cohabit, the date when and the place where the respondent was last seen or heard of, and the steps which have been taken to trace the respondent;
(g)in the case of a petition for restitution of conjugal rights, the date when and the circumstances in which the respondent withdrew from the society of the petitioner, the desire of the petitioner for restitution of conjugal rights and the willingness of the petitioner to render them to the respondent;
(h)except in the case of a petition for restitution of conjugal rights, whether the petition is presented or prosecuted in collusion with the respondent or any of the co-respondents; and
(i)the petitioner's prayer setting out particulars of the relief claimed, including any of the claims specified in section 84 of the Act.
(2)Unless the court otherwise directs, every petition shall be signed by the petitioner or, in the case of a minor or person of unsound mind, by next friend or guardian ad litem in accordance with the provisions of Order 32 of the Civil Procedure Rules (sub. leg.).
(3)Every petition shall be supported by an affidavit sworn by the petitioner—
(a)verifying the facts of which the deponent has personal knowledge; and
(b)deposing as to belief in the truth of the other facts alleged in the petition.
(4)The petition shall be accompanied by—
(a)a duly authenticated copy of the Certificate of Marriage;
(b)a list of witnesses (if any);
(c)written witness statements (if any); and
(d)duly authenticated copies of evidential documents (if any) to be relied on at the hearing of the petition:
Provided that the evidential documents specified in subrule (4) may be filed at any time before the Court certifies that the pleadings are in order in accordance with rule 17.
(5)In the absence of any written statement made by the petitioner pursuant to subrule (4)(c), the petition may be adopted as the petitioner's witness statement.

7. Application for ancillary relief

(1)An application by any of the parties for ancillary relief under Part XII of the Act may be made by notice of motion at any stage in the proceedings.
(2)A petitioner who has not included in their petition a prayer for maintenance may make an application for maintenance at any time after filing the petition.
(3)A respondent may make an application for maintenance at any time after entering appearance.
(4)A petitioner or a respondent who has entered appearance to the petition may at any time apply for the variation or revocation of a subsisting order of maintenance made by the court.
(5)An application under subrule (4) shall be by notice of motion and shall—
(a)state the nature of the variation sought; and
(b)be supported by an affidavit sworn by the applicant stating the facts relied upon and the grounds on which the application is made, unless the supporting affidavit is dispensed with by order of the court.
(6)An application made under this rule shall be served on the respondent, and on such other persons as the court may direct, in accordance with the provisions of Order 5 of the Civil Procedure Rules (sub. leg).
(7)A party who has entered appearance in any proceedings under the Act may file an affidavit in response, within fourteen days after service upon him or her of an application for ancillary relief in accordance with this rule.
(8)Unless otherwise provided in these Rules, an application for leave in respect of any action required to be taken in proceedings under the Act or these Rules, or for any other order or direction, shall be made by notice of motion supported by an affidavit.

8. Notice to appear

(1)Where a petition is filed, a notice to appear shall be served on the respondent in Form MA198 set out in the First Schedule requiring the respondent to appear within fourteen days or within such time as the court may direct.
(2)The notice to appear shall be accompanied by copies of—
(a)the petition;
(b)the application (if any) for ancillary relief; and
(c)any interlocutory application filed with the petition.

Part III – SERVICE OF PETITION AND OTHER COURT PROCESS

9. Service on the respondent

(1)Whenever it is reasonably practicable, service of the petition shall be made on the respondent in person.
(2)Where the respondent has appointed an agent with power to accept service on his or her behalf, and has notified the petitioner of that fact, service on the respondent's agent shall be sufficient for purpose of this Rule.
(3)Service may be made on an advocate who has instructions to accept service on behalf of the respondent and has entered an appearance.
(4)Service of the petition on the respondent in person shall be valid only if it is effected by a duly authorised process server.

10. Substituted service

(1)An application for substituted service shall be made in accordance with the provisions of Order 5 Rule 17 of the Civil Procedure Rules (sub. leg).
(2)Except as otherwise provided in these Rules, Order 5 of the Civil Procedure Rules (sub. leg), shall apply with necessary modifications to matters relating to issuance and service of summons.

11. Service out of Kenya

(1)Service out of Kenya of a petition or notice of a petition may be allowed by the court whenever it is shown to the satisfaction of the court that the respondent is not resident in Kenya, and that it is a proper case for service out of Kenya.
(2)An application for leave to serve a petition, notice of petition or ther process relating to proceedings under the Act, shall be by way of notice of motion supported by an affidavit and shall state—
(a)the place or country where the respondent ordinarily resides or may be found; and
(b)the grounds on which the application is made.
(3)An order granting leave to effect service of the petition or notice of petition out of Kenya shall limit the time after such service within which the respondent is required to enter an appearance, having regard to the particular place or country at which the petition, notice or other process is served.
(4)Where leave is granted under this rule to serve out of Kenya, the petition, notice or other process to which the order relates shall be served in such manner as the court may direct.

12. Proof of service

Unless the court otherwise directs, a petition shall not proceed to hearing unless—
(a)the respondent has entered an appearance; or
(b)the petitioner has filed an affidavit in proof of service in Form MA20 set out in the First Schedule, sworn by the process server deposing to the fact that—
(i)the respondent was duly served in person;
(ii)service was effected on the respondent's advocate or other authorised agent; or
(iii)in the case of substituted service, such service was effected in accordance with the order of the court.

Part IV – ANSWER TO PETITION, CROSS-PETITION AND INTERLOCUTORY PROCEEDINGS

13. Answer to petition, cross petition etc.

(1)The respondent may, within fourteen days of entering an appearance, file an answer to the petition containing statements of the facts relied upon, other than a bare denial of the fact stated in the petition, and accompanied by an affidavit sworn by the respondent—
(a)verifying the matters of which the deponent has personal knowledge; and
(b)deposing as to belief in the truth of the other facts alleged in the answer to petition.
(2)The respondent's answer to the petition shall be accompanied by—
(a)a list of witnesses (if any);
(b)witness statements (if any); and
(c)duly authenticated copies of evidential documents to be relied upon at the hearing of the petition:
Provided that the evidential documents specified in this subrule may be filed at any time before the Court certifies that the pleadings are in order in accordance with rule 17.
(3)In the absence of any written statement made by the respondent pursuant to subrule (2)(b), the respondent's answer to the petition may be adopted as the respondent's witness statement.
(4)The respondent's answer to the petition may be accompanied by a cross-petition in accordance with rule 6, with such modifications as may be necessary, accompanied by an affidavit sworn by the respondent—
(a)verifying the facts of which the deponent has personal knowledge; and
(b)deposing as to belief in the truth of the other facts alleged in the cross-petition.
(5)Where the respondent files a cross-petition—
(a)the provisions of subrules (2) and (3) shall apply with necessary modifications; and
(b)service of the cross-petition shall be effected either—
(i)on the petitioner in person if the petitioner is unrepresented; or
(ii)in the case where the petitioner is represented, on his or her advocate.

14. Petitioner to file answer to cross-petition

(1)A petitioner who is served with a cross-petition may file an answer to the cross petition within fourteen days from the date of service.
(2)Pleadings shall close on filing of an answer to a cross-petition or a petition.

15. Leave to file pleadings etc. out of time

(1)No party may file any pleading 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 fit.
(2)An application for leave to file pleadings or other process out of time may be made orally at any stage in the proceedings.

16. Amendment of pleadings

(1)The petitioner may amend the petition and serve on the respondent the amended petition without leave at any time before the respondent has filed an answer to the petition.
(2)Where the respondent has filed an answer to the petition, the petitioner may amend the petition or other pleading only with the leave of the court on such terms as the court may direct.

Part V – CERTIFICATE OF COMPLIANCE, HEARING, DECREES, ETC.

17. Certificate of compliance

(1)The petitioner or respondent may, within forty-five days after close of pleadings, move the court for directions in respect of the following matters—
(a)the identity and representation of parties;
(b)service of pleadings and other process;
(c)certification of pleadings;
(d)discovery and production of documents;
(e)pending interlocutory applications;
(f)mode of taking evidence;
(g)place of hearing;
(h)settlement of issues;
(i)expert witnesses;
(j)application for the use of alternative dispute resolution mechanisms;
(k)pending applications relating to matrimonial property under section 17(2)(b) of the Matrimonial Property Act (Cap. 152);
(l)settlement of issues relating to the children (if any) of the marriage; and
(m)any other matter relevant to the proceedings.
(2)An application under this rule shall be by notice of motion.
(3)If no application is made for directions under sub rule (1) within ninety days after close of pleadings, the court may, on its own motion, list the matter for directions on a date and time notified to the parties.
(4)If on the date set for directions the court is satisfied that the pleadings are in order, the court shall issue a certificate of compliance in Form MA 21 set out in the First Schedule.

18. Setting down the petition for hearing and dismissal for want of prosecution

(1)Where a certificate of compliance is issued in accordance with rule 17(4), either party may set the petition down for hearing.
(2)If no application is made or step taken by either party for more than one year after the certificate of compliance has been issued, the court may, either on its own motion or on application by any party to the proceedings, issue a notice to show cause why the petition should not be dismissed.
(3)If at the hearing of the notice to show cause the court is satisfied that there is sufficient reason to justify the delay in prosecution of the petition, the court may make such orders as it thinks fit for expeditious determination of the petition.
(4)If the court is not satisfied that there is sufficient reason to justify the delay in the prosecution of the petition, the court shall dismiss the petition on such terms as the court may think just.
(5)In any other case, the court may dismiss the petition or cross-petition, or strike out any pleading, for non-compliance with any direction or order given in accordance with rule 17.

19. Right of respondent to be heard without filing answer to petition

Notwithstanding the failure to file an answer to a petition or cross-petition, a respondent who has entered an appearance may—
(a)cross-examine witnesses on the evidence adduced in support of the petition; and
(b)make oral or written submissions on questions of law, or costs.

20. Decree to issue on dissolution of marriage, etc.

(1)On dissolution of a marriage, a decree nisi shall issue in Form MA22 set out in the First Schedule signed by the Magistrate under the seal of the court on the written application by a party to the proceedings, and on payment of the fee set out in the Second Schedule.
(2)Unless the court otherwise directs, a decree absolute shall issue at the expiry of thirty days following the issue of the decree nisi, in Form MA23 set out in the First Schedule signed by the Magistrate under the seal of the court, on written application by any party to the proceedings, and on payment of the fee set out in the Second Schedule.
(3)The Magistrate shall, within thirty days from the date of the decree issued in accordance with subrule (2), deliver a certified copy of the decree absolute to the Registrar, who shall make an entry in the Register stating—
(a)the particulars of the matrimonial proceedings in which the marriage to which the decree relates was dissolved;
(b)the date on which the marriage was dissolved; and
(c)the date on which the decree absolute was issued.
(4)A party to the proceedings may obtain a certified copy of a decree issued under this rule, or other orders of the court, on payment of the fee set out in the Second Schedule.

Part VI – MISCELLANEOUS PROVISIONS

21. Dissolution of marriage under Islamic Law

Matrimonial proceedings for dissolution of a marriage celebrated under Islamic law shall be commenced by petition addressed to the Kadhi's Court in accordance with the Rules of Procedure and Practice in the Kadhi's Court.

22. Registration of foreign annulments and divorces

(1)Where a marriage celebrated in Kenya is annulled or dissolved by a decree of a foreign court, any party to the annulled or dissolved marriage shall apply to the Registrar in Form MA24 set out in the First Schedule to register the decree.
(2)The application under subrule (1) shall include the documents set out under section 61(3) of the Act.

23. Alternative Dispute Resolution

(1)Except in proceedings for dissolution of a marriage, the court may, with the consent of the parties at any stage in the proceedings, but before final judgment, refer any or all of the issues in dispute to an appropriate dispute resolution mechanism in accordance with the practice and procedure for the time being established to facilitate court-mandated mediation.
(2)Any mediated agreement reached between the parties in respect of all or any of the issues in dispute shall constitute part of the record in the proceedings and adopted as an order of the court.
(3)If the parties fail to reach an agreement on any of the issues referred to mediation under this rule, the court shall proceed to hear and determine such issues in accordance with these Rules.

24. Appeals

(1)A party who is dissatisfied with an order or decision of the court may appeal to the High Court within thirty days from the date of the order or decision complained of.
(2)An appeal lodged pursuant to subrule (1) shall not, unless the court otherwise orders on application by the appellant, act as a stay of such order or decision.

25. Petition by indigent persons

(1)An indigent person may present or defend a petition under these Rules in accordance with the provisions of Order 33 of the Civil Procedure Rules (sub. leg).
(2)Nothing in subrule (1) prevents an indigent person from securing legal aid under the Legal Aid Act to present or defend a petition under these Rules.

FIRST SCHEDULE

FORMS

FORM NO. MA15(r. 4(1))
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATES COURT OF KENYA AT...................
CAUSE NO......... OF.............
IN THE MATTER OF A PROPOSED PETITION FOR THE DISSOLUTION OF MARRIAGE
BETWEEN
__________________________________
AND
__________________________________
ORIGINATING SUMMONS
LET.................................. of................................. within fourteen days (14) after service of this summons, inclusive of the day of such service upon him/her cause an appearance to be entered to this summons, which is issued upon the application of............................... for ORDERS:
1. That the applicant be at liberty to file a petition for the dissolution of his/her marriage with the said........................ solemnized on the........................ day of...............notwithstanding that the three years have not passed since the date of the said marriage;
WHICH APPLICATION is supported by the affidavit of................... and premised on the grounds provided in the attached affidavit and further grounds to be adduced at the hearing of this application.
Dated at.................... this...................... day........... 20.....
______________________________________________Signature"If any party served does not appear at the time and place above-mentioned such order will be made and proceedings taken as the court may think just and expedient.
 
 
 
 
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATES COURT OF KENYA AT...................
CAUSE NO......... OF.............
IN THE MATTER OF A PROPOSED PETITION FOR THE DISSOLUTION OF MARRIAGE
BETWEEN
__________________________________
AND
__________________________________
SUPPORTING AFFIDAVIT
I,.......................................... of Post Office Box Number..................... and a resident of................ within the Republic of Kenya do hereby make oath and solemnly state as follows:
1. THAT I am an adult of sound mind and disposition, the Applicant herein hence competent to swear this Verifying Affidavit.
2. (State grounds that are relied on)
3. ........................................................................................
4. .........................................................................................
5. ........................................................................................
6. THAT I make this Affidavit in support of my Application.
7. THAT what is deposed to herein is true to the best of my knowledge, information and belief save for matters deposed to on information and belief sources whereof have herein above been disclosed
SWORN at .............by the said}
............................____________________________
This.......... day of.............. 20.............}
Before me}
 }
Commissioner of Oaths}

____________________

FORM NO. MA16(r. 4(5))
REPUBLIC OF KENYAIN THE RESIDENT MAGISTRATES COURT OF KENYA AT...................CAUSE NO......... OF.............IN THE MATTER OF A PROPOSED PETITION FOR THE DISSOLUTION OFMARRIAGEBETWEEN______________________________________________AND______________________________________________ORIGINATING SUMMONS
LET................................. of....................... within fourteen days (14) after service of this summons, inclusive of the day of such service upon him/her cause an appearance to be entered to this summons, which is issued upon the application of..............................for ORDERS:
1. That the applicant be at liberty to file a petition for the dissolution of his/her marriage with the said........................ solemnized on the.............. day of.............. notwithstanding that the three years have not passed since the date of the said marriage
WHICH APPLICATION is supported by the affidavit of................ and premised on the grounds provided in the attached affidavit and further grounds to be adduced at the hearing of this application.
Dated at.............................. this......................... day...................... 20........................
____________________________________Signature"If any party served does not appear at the time and place above-mentioned such order will be made and proceedings taken as the court may think just and expedient."
REPUBLIC OF KENYAIN THE RESIDENT MAGISTRATES COURT OF KENYA AT...................CAUSE NO......... OF.............IN THE MATTER OF A PROPOSED PETITION FOR THE DISSOLUTION OFMARRIAGEBETWEEN______________________________________________AND______________________________________________SUPPORTING AFFIDAVIT
I......................................of Post Office Box Number............... and a resident of............within the Republic of Kenya do hereby make oath and solemnly state as follows:
1. THAT I am an adult of sound mind and disposition, the Applicant herein hence competent to swear this Verifying Affidavit.
(State grounds that are relied on)
2...........................................................................3...........................................................................4.........................................................................
5. THAT I make this Affidavit in support of my Application.
6. THAT what is deposed to herein is true to the best of my knowledge, information and belief save for matters deposed to on information and belief sources whereof have hereinabove been disclosed
SWORN at .............by the said}
............................____________________________
This................ day of............ 20..........}
Before me}
Commissioner of Oaths}

____________________

FORM NO. MA17(r. 4(9))
REPUBLIC OF KENYAIN THE {insert place of worship/Registrar of Marriages}IN THE MATTER OF THE INTENDED MARRIAGEBETWEEN{insert the name of the party} and {insert the name of the party to the intended marriage}AND{insert name of the objector} as OBJECTOR
1. {insert the name of the Objector} being a {insert Relationship} to {insert party to the intended marriage} lodged a Notice of Objection on {insert date}
2. {insert name of the objector} objected to the intended marriage on the following grounds: - a. THAT....................................b. THAT.....................................c. THAT....................................
3. {Insert details of the proceedings in summary}
4. {insert details of regulations relied upon}
5. Having considered the matter and the Regulations, I find as follows a. THAT.................................b. THAT......................................c. THAT............................ for {insert reasons}
DATED at {insert place} on this ..............................day of........................ 20...................
{SIGNATURE}..........................................{insert name}{insert title}

____________________

  
  
FORM NO. MA18(r. 5)
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE'S /KADHI'S COURT OF KENYA AT..............................
CAUSE NO.............................. OF 20......................
___________________________ (name of party filing) PETITIONER
VERSUS
____________________________RESPONDENT
PETITION FOR..................................
TO: THE............................... MAGISTRATE
AT...............................
THE HUMBLE PETITION of ......................................................... (insert petitioner's full name) care of ......................................................................................................................................................................
(insert address for service), in the Republic of Kenya SHOWS as follows;
1. That the Petitioner is an adult working and residing in ........................County.
2. That the Petitioner and the Respondent celebrated and solemnized their marriage at ....................(2) in at....................... (3) in............(4) on................ day of..........20 through a .........(5) Marriage.
3. That the parties were issued a certificate of marriage. (Annexed herewith and marked as .................is a CERTIFIED copy of the marriage certificate)
4. That the couple had children during their marriage Namely; (6)a.................................................b.................................................c.................................................
5. After the celebration of the marriage, the Petitioner and Respondent lived together in ..............................................................................................................................................................................(insert grounds relied on for the divorce in separate paragraphs, their particulars and attach any supporting documents)
6. ..................................................................................................................7. ..................................................................................................................8. ..................................................................................................................9. .................................................................................................................
10. That there .....................................................................(7) been proceedings between the parties hereby with reference to the marriage in this court or any court elsewhere either by or on behalf of the Petitioner or the Respondent.
11. (if there have been other proceedings, provide details)
12. That this cause of action arose within the jurisdiction of this Honorable Court..
REASONS WHEREFORE the Petitioner prays for orders;
a. That the marriage between the Petitioner and the Respondent be ....................................................(8)
b. That the ...............................(9) pay the costs of this Petition.
c. Such other orders that this court may deem fit and just to grant in the circumstances
DATED at........................this ................ day of...................... 20........
 ............................ (insert petitioner's name)
 (sign) 
 PETITIONER 
DRAWN & FILED BY...........................................................................................................................
TO BE SERVED UPON............................................... (insert respondent's name and address)..............................................................................................
 
*Notes---
1. Dissolution or Nullification (whichever is applicable)
2. Place where marriage was solemnized
3. County where marriage was solemnized
4. Country where marriage was solemnized
5. Christian, Civil, Customary, Islamic, Hindu (whichever is applicable)
6. Insert names of any children, their dates of birth and age at time of filing
7. have, have not (whichever is applicable)
8. dissolved, nullified (whichever is applicable)
9. petitioner, respondent
 
 
 
 
 
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE'S /KADHI'S COURT OF KENYA AT..............................
CAUSE NO.............................. OF 20......................
___________________________ (name of party filing) PETITIONER
VERSUS
____________________________RESPONDENT
 
VERIFYING AFFIDAVIT
 
I,.............................. a resident of...........................and of Post Office Box Number.............., do hereby make oath and state as follows:-
8. THAT I am an adult of sound mind and disposition, the petitioner herein hence competent to swear this Verifying Affidavit.
9. THAT I have read the contents of the Petition herein and I confirm and verify the facts to be correct.
10. THAT what is deponed to herein is true to the best of my knowledge, information and belief.
 
Dated this ................... day of ................. 20 .......
SWORN at.......................by the said]
 ]
.............................................................] _______________________________
This ..........................day of..................... 20...........]
 ]
Before me]
Commissioner of Oaths]

____________________

  
  
FORM NO. MA19(r. 8(1))
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE'S /KADHI'S COURT OF KENYA AT..............................
CAUSE NO.............................. OF 20......................
____________________________________ (insert name of filing party)PETITIONERVERSUS_________________________________ (name of party entering appearance)RESPONDENT
NOTICE TO APPEAR TO BE ENDORSED ON A PETITION
In the Resident Magistrate's Court of Kenya at.......................................
To............................................. (respondent) of.....................................
TAKE NOTICE that you are required, within.................................... days (1) after service hereof upon you, inclusive of the day of such service, to enter an appearance either in person or by your advocate at the court registry at ..................................., should you think fit so to do, and thereafter to make answer to this petition (2) and that, in default of your so doing, the Court will proceed to hear the petition(2) and pronounce judgment, your absence notwithstanding.
The Petition (3) is filed and this notice is issued by (4)..................................................................................................................................................
Dated at the................................. day of........................... , 20........................
 ......................................................Registrar 
Note.— Any person entering an appearance must at the same time furnish an address for service.1. or as the case may be.2. or answer.3. or answer.4. state name and address of petitioner or advocate.

____________________

FORM NO. MA20(r. 12)
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE'S /KADHI'S COURT OF KENYA AT..............................
CAUSE NO.............................. OF 20......................
____________________________________PETITIONERVERSUS_________________________________RESPONDENT
AFFIDAVIT OF SERVICE
I, .................................. Office Box Number...................... in the Republic of Kenya do hereby make oath and solemnly state as follows:—
1. THAT I am (1).................. of the High Court of Kenya hence competent to swear this affidavit. (Attach copy of practicing certificate or process server license)
2. THAT on the................... day of..................... 20.................... I received a certified copy of the (2) dated............. day of..................... 20................. from......................... (3) with instructions to serve the same upon...................... (4)
3. THAT I served the certified copy of the.............................. (2) on the............... day of.................. 20.............. by delivering to the said........................ (4) personally and requiring his/her signature of acknowledgement of service
4. (Indicate means of knowledge of identity of the person served)
5. THAT what I have deposed to herein is true of my own knowledge save for facts deposed to on information and belief source of which have been duly disclosed herein.
SWORN at.......................by the said]
.........................................................]
_______________________________] DEPONENT
This .......................... day of ..................... 20 ...........]
BEFORE ME:]
A COMMISSIONER FOR OATHS]
Notes---Delete whichever is not applicable1. advocate or licensed process server2. summons, petition, notice3. court, advocates, petitioner, applicant4. insert name of receiving party

____________________

FORM NO. MA21(r. 17(4))
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE'S COURT OF KENYA AT..............................
CAUSE NO.............................. OF ......................
____________________________________ (name of party filing)PETITIONERVERSUS_________________________________RESPONDENT
COURT'S CERTIFICATE
IT IS HEREBY CERTIFIED that the pleadings in this cause are in order and that the matter is ready for hearing.
IT IS FURTHER DIRECTED that the matter shall be heard at........................ on the...................... day of................. 20....................
Dated this...................... day of..................... 20...............
______________________________________REGISTRAR
FORM NO. MA22(r. 20(1))
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE'S / /KADHI'S COURT OF KENYA AT..............................
CAUSE NO.............................. OF ......................
____________________________________ (name of party filing)PETITIONERVERSUS_________________________________RESPONDENT
DECREE OF.................................................... (1)
IT IS HEREBY ORDERED AND DECREED;
1. THAT the marriage between the Petitioner and the Respondent be and is HEREBY.......................... (2) on the grounds of......................., final upon entry of this decree.
2. That the Settlement Agreement dated ..................... day of ....................................... 20 ......... entered into by and between the parties is incorporated herein by reference and shall have the same force as if stated herein in full. (3)
Dated this.............................. day of........................, 20.......................
______________________________________MAGISTRATE
*Notes---1. Dissolution of Marriage, Annulment of Marriage (whichever is applicable)2. Dissolved, Annulled (whichever is applicable)3. If applicable

____________________

FORM NO. MA23(r. 20(2))
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE'S / /KADHI'S COURT OF KENYA AT..............................
CAUSE NO.............................. OF ......................
____________________________________ (name of party filing)PETITIONER
VERSUS
 
_________________________________RESPONDENT
DECREE ABSOLUTE............................................
IT IS HEREBY ORDERED AND DECREED;
THAT the marriage between the Petitioner and the Respondent being a Christian/Civil/Customary marriage [insert whichever is applicable] be and is HEREBY.......................... on the grounds of..................................., final upon entry of this decree.
Dated this.............................. day of........................, 20.......................
_____________________________________MAGISTRATE

____________________

FORM NO. MA24(r. 22(1))
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT..............................
CAUSE NO.............................. OF ......................
IN THE MATTER OF REGISTRATION OF A FOREIGN ANNULMENT/DISSOLUTION OF MARRIAGE (Delete as appropriate)
BETWEEN
____________________________________AND
_________________________________
NOTICE BY HIGH COURT REGISTRY OF APPLICATION FOR REGISTRATIONOF A FOREIGN ANNULMENT/DISSOLUTION OF MARRIAGE
LET ALL PERSONS CONCERNED TAKE NOTICE THAT a petition for the registration of a foreign annulment/dissolution of marriage dated the.............. day of................ 20...................... issued by the.................... court in.......................... (state country) has been made to this court. The annulment/dissolution of marriage is in regard to the marriage between........................... and................................. solemnized on the.................... day of....................... at.................... in.................... (state country where the marriage was solemnized).
AND FURTHER TAKE NOTICE that objection to such registration is hereby invited and may be lodged in the registry within.................days of publication of this notice.
AND FURTHER TAKE NOTICE that if no objection has been lodged in the registry within the said time the court may proceed to effect registration as prayed and to make such orders as it thinks fit.
Dated the ......................Day of ................... 20 .........................
 .........................................................
 Registrar.

____________________

SECOND SCHEDULE

FEES

ItemKSh
Filing of petition2,000
Application for Decree Nisi1,500
Application for Decree Absolute1,500
Certified Copy of Decree1,500
Motions(a) Filing fee(b) Fee on the order1,5001,000
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History of this document

31 December 2022 this version
17 July 2020
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Documents citing this one 2

Judgment 1
1. Gitau v Kanyua; Koigi (Interested Party) (Originating Summons E017 of 2022) [2025] KEHC 6607 (KLR) (16 May 2025) (Ruling) Interpreted
Legal Notice 1
1. The Matrimonial Property Rules 13 citations