1. The decision the appellant contests was delivered by the Hon. AM Mohamed, PK, on 24th January 2024 in the Mombasa Kadhi Court, Divorce Cause No. E294 of 2023, Rukia Swale Kassim v Kassim Mohamed. Without leave and out of time, the appellant filed the instant appeal on 7th November 2025.
2. Rule 86(4) of the Kadhi’s Court (Procedure and Practice) Rules, 2020 provides that:
“The notice of appeal shall be filed within thirty days from the day on which the decision was pronounced, and shall state whether the whole or part only, and what part, of the decision is appealed against.”
3. An appeal filed out of time and without leave is fatally defective. The substratum of the application filed on 7th November 2025 is incapable of sustaining it.
4. In the circumstances, I strike out the appeal; with the appeal struck out, the application meets the same fate.
5. The interim orders currently in force are discharged.
6. Since the appeal is clearly an abuse of the court process, the respondent shall have costs of the appeal, which I assess at Kes 30,000/-.
7. It is so ordered.
Dated and signed at Nairobi this 26th day of June 2026.
2. Rule 86(4) of the Kadhi’s Court (Procedure and Practice) Rules, 2020 provides that:
“The notice of appeal shall be filed within thirty days from the day on which the decision was pronounced, and shall state whether the whole or part only, and what part, of the decision is appealed against.”
3. An appeal filed out of time and without leave is fatally defective. The substratum of the application filed on 7th November 2025 is incapable of sustaining it.
4. In the circumstances, I strike out the appeal; with the appeal struck out, the application meets the same fate.
5. The interim orders currently in force are discharged.
6. Since the appeal is clearly an abuse of the court process, the respondent shall have costs of the appeal, which I assess at Kes 30,000/-.
7. It is so ordered.
Dated and signed at Nairobi this 26th day of June 2026.