Justice Martha Koome who provided a dissenting viewpoint, saying the Supreme Court need to determine whether a person can marry a lady without permission. File, Standard
The Court of Appeal is finished a lady’s try to relocate to the Supreme Court and contest a discovering that she had been hitched to a guy that is claiming their share of home this is certainly registered in her own title.
Relating to Ms Nyambura, it really is contrary to the Constitution for a court to impose a wedding where there clearly was dispute on whether both events had mutually consented to live as wife and husband.
Her lawyer, Mithega Mugambi, had argued that Nyambura ended up being hitched to some other guy thus could perhaps perhaps not qualify to marry Ogari.
But Ogari’s attorney, Moses Siagi, opposed the full instance saying it had been maybe not of general public interest. He argued that the difficulties raised in the application form were not prior to the High Court hence they need to never be permitted to spill into the top court.
The verdict associated with three-judge bench had been split, with two judges decreasing to permit her application although the 3rd judge stated the scenario raised noble concerns when it comes to Supreme Court to be in.
Justices Sankale ole Kantai and Wanjiru Karanja held that Nyambura failed to deserve to visit the court that is top her problems had been personal.