Justice Martha Koome whom offered a dissenting viewpoint, saying the Supreme Court need to determine whether a guy can marry a lady without permission. File, Standard
The Court of Appeal is finished a female’s make an effort to go on to the Supreme Court and contest a discovering that she ended up being hitched to a person that is claiming their share of home that is registered in her own name.
Based on Ms Nyambura, it really is from the Constitution for a court to impose a wedding where there clearly was dispute on whether both ongoing events had mutually decided to live as wife and husband.
Her attorney, Mithega Mugambi, had argued that Nyambura ended up being married to some other guy ergo could maybe not qualify to marry Ogari.
But Ogari’s attorney, Moses Siagi, opposed the situation saying it absolutely was perhaps perhaps not of general general public interest. He argued that the difficulties raised in the application form weren’t ahead of the High Court hence they need to never be permitted to spill into the top court.
The verdict associated with the three-judge work work work bench ended up being split, with two judges decreasing to permit her application although the judge that is third the scenario raised noble concerns for the Supreme Court to stay.
Justices Sankale ole Kantai and Wanjiru Karanja held that Nyambura failed to deserve to visit the court that is top her dilemmas had been private. Continue reading →