JKM V. PNK

RULING OF THE COURT

[1] What is before us is a notice of motion brought under Rules 5(2)(b), 42, and 47 of the Court of Appeal Rules, Section 3A of the Appellate Jurisdiction Act, and Articles 39, 48, 50(1) and 159 of the Constitution of Kenya. The applicant JKM seeks an order of stay suspending the execution of orders made on 7th March, 2019, by the High Court (Ali-Aroni J).

[2] The orders subject of the motion arise from committal proceedings that were initiated by the respondent PNK, the applicant’s former wife, following dissolution of her marriage to the applicant, and successful proceedings that she had filed under Section 17 of the Married Women Property Act 1882, for a declaration that properties that had been acquired and registered in the name of the applicant during the subsistence of the marriage are jointly owned by her and the applicant and held in trust by the applicant for the benefit of both parties in equal shares. Following the declarations made by the court, the resp…