AWN v DKM
The bottom line
#Kenya's Court of Appeal dismissed a bid for divorce compensation because the claim was never formally raised in the original case.
What this practically means
#Executive summary
#Key legal issues
#Competence of the appeal filed out of time without leave
The Notice of Appeal and Record of Appeal were filed outside the prescribed timelines without extension of time, but since the respondent did not formally move to strike out, the irregularity was not determinative
The Court reviewed the record and found the Notice of Appeal was filed outside the 14 days under Rule 75(2) and the Record outside the 60 days under Rule 82, with no leave under Rule 4. However, the respondent never filed a formal striking-out application, so the Court declined to treat the objection as fatal to the appeal.
Compensation claim not pleaded
A compensation claim could only have been advanced by Cross-Petition before the superior court; the superior court's remarks on compensation were at most obiter dictum
The appellant did not include her reply to the Petition in the Record of Appeal, did not file a Cross-Petition, and did not respond to the respondent's submission on that point. Parties are bound by their pleadings, and the grounds of appeal do not demonstrate a claim for compensation. The appellant failed to show the superior court erred in law or fact.
The divorce decree itself
The order granting the divorce on the ground of desertion was not challenged and stands
The appellant testified before the superior court that she had no objection to the grant of divorce. Before the Court of Appeal, the thrust of her submissions did not seek to overturn the divorce; she sought only compensation and damages, which failed on pleading grounds.
Legal principles established
#- Parties are bound by their pleadings; a claim not pleaded before the trial court cannot be entertained on appeal
- A notice of appeal filed outside the 14 days prescribed by Rule 75(2) without leave, and a record of appeal filed outside the 60 days under Rule 82 without extension under Rule 4, are incompetent; however, where the respondent does not formally move to strike out, the court will not strike out on its own motion
- On a first appeal the Court must reconsider and evaluate the evidence itself and draw its own conclusions, making due allowance for not having seen or heard the witnesses
Court orders
#- 1.Appeal dismissed
- 2.No order on costs, considering the history of litigation between the parties
- On appeal from
- High Court, Family Division at Nairobi
- Divorce Cause No. 35 of 2019
- Jurisdiction invoked
- First appellate jurisdiction under the Court of Appeal Rules, 2010 (appeal from the High Court in a divorce cause)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "AWN v DKM", Case Analysis (2026). Civil Appeal E014 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1787/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.