AMA v DYA (Divorce Cause E064 of 2025) [2025] KEKC 17 (KLR)
The bottom line
#A Kenyan Kadhi's Court granted a wife a Khul' divorce after 33 years of marriage, confirming she can end the marriage by returning her dowry.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the petitioner is entitled to divorce through Khul' redemption
- 2.Whether the petitioner is entitled to custody of the minor
Key legal issues
#Entitlement to Khul' divorce
The petitioner is entitled to Khul' redemption; the marriage is annulled through khul'.
Islamic law, per Qur'an 2:229, the Hadith of the wife of Thabit Ibn Qays Ibn Shimas and Article 89 of the Islamic Charter on Family, vests in the wife a right to divorce in exchange for return of the dowry. Khul' is available where the wife voluntarily wishes to exit the marriage without coercion or mistreatment by the husband. The petitioner, 55 years old, persevered 33 years of homesickness and cultural dislocation and clearly no longer loves the respondent; there is no evidence of malice or ill will in her choice.
Custody of the minor
Custody arrangement maintained: the minor remains in the Comoro islands to complete primary education, with the petitioner having regular access; the adult 19-year-old may choose with whom to live.
The 19-year-old is an adult with locus standi to choose where to live, and the parents already co-operate on his education. The 9-year-old minor has been living in the Comoro islands and is yet to complete primary education; her best interest is to complete it there, after which she reaches the age of discernment and can choose with whom to live. The petitioner is granted regular access in consultation with the respondent.
Legal principles established
#- Under Islamic law, a wife is entitled to terminate her marriage through Khul' by returning the dowry, even without fault on the part of the husband.
- Marriage is a voluntary union and a wife's choice to exit a marriage must be treated seriously; Khul' cannot be used to deny the wife her right to dowry.
Court orders
#- 1.The parties' marriage is annulled through khul' with effect from 24th April, 2025 corresponding with 25th Shawwal, 1446 A.H.
- 2.Divorce certificate to issue
- 3.The petitioner to settle (return) the dowry of KES 50,000.00 and file proof of the same with court
- 4.The 19-year-old child's parents to continue co-operating regarding the child's education
- 5.The minor to complete her primary education in the Comoro islands, after which she may choose with whom to live
- 6.The petitioner, in arrangement and consultation with the respondent, to have regular access of the minor
- 7.Each party to bear its own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Kadhi's Court jurisdiction under Islamic law (Khul' divorce); Kadhi's Court (Procedure & Practice) Rules, 2020, rule 68(1)(b)
Relief refused
#Immediate custody of the minor to the petitioner
The minor has been living in the Comoro islands where she is yet to complete primary education; it is in her best interest to complete it there, after which she will reach the age of discernment and choose with whom to live.
Costs
Each party to bear its own costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Accordingly, the petitioner's prayer for Khul' redemption is granted. The parties' marriage be is hereby annulled through khul' with efiect from 24th April, 2025 corresponding with 25th Shawwal, 1446 A.H. Divorce certificate to issue.
Each party to bear its own costs. Orders accordingly.
While the husband is vested with the original right to divorce under Islamic law in Qur'an 2.229, legal prophetic precedent in Hadith Qays Ibn Shimas and Article 89 of the Islamic Charter on family, the wife also enjoys the same right albeit subject to return the dowry paid.
Khul' executed without legal basis is illegal, because it harms the lady, and harm is prohibited by the prophet when said: 'initiating or reciprocating in harm is prohibited'
The court is obliged both by scripture and the constitution to treat her intelligence and choice seriously.
Issues in the judgment
#Judgment states both that the petitioner no longer loves the respondent and that 'The petitioner still loves the respondent', an internal contradiction.
The 19-year-old child is referred to as 'her' although elsewhere described as a son.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "AMA v DYA (Divorce Cause E064 of 2025) [2025] KEKC 17 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2025/17/eng@2025-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.