Woman sues ex-hubby over unpaid dowry, conjugal rights
Crime and Justice
By
Kamau Muthoni
| May 15, 2026
A woman has moved to the High Court in Nairobi seeking the annulment of her marriage, accusing her former husband of denying her conjugal rights, failing to provide maintenance, and neglecting to pay dowry as agreed.
In court documents, the woman, identified as SMA, alleged that her former husband, codenamed SFD, persistently failed to fulfill his conjugal obligations during their marriage, which she argued violated her marital rights under Islamic law. “This persistent failure, combined with a lack of maintenance and acts of cruelty, significantly destroyed the foundation of the marriage and made continued cohabitation unbearable,” the court heard.
According to SMA, the marriage, conducted under Islamic law in July last year, began facing challenges after the man allegedly failed to provide adequate and consistent maintenance. “This failure left me without proper support and care, contrary to the obligations placed upon a husband under Sharia law, and caused me significant hardship,” she stated.
She further claimed that the distress she allegedly endured eventually forced her to leave the matrimonial home.
The case has also raised a key legal question before the court: whether a promised dowry that remains unpaid can be treated as a debt.
READ MORE
Farmers risk losing half their harvest, agency warns
How high-stakes home ownership dreams are shattered by city cartels
Afreximbank bets on $10bn crisis fund, gold bank to bolster African sovereignty
Africa-France summit ends with push to overhaul key trade rules
Ecobank, AGRA partner to boost agricultural financing
Kenya's infrastructure push drives demand for heavy machinery
Kenya targets North African startups in regional innovation push
French firms target Kenya housing sector after Africa summit
Lamu rising digital economy through youth skills training
Construction sector adjusts to clinker levy on industry rebound
SMA argued that at the time of the marriage, the couple agreed that the dowry would be a four-year-old female camel, which she described as an essential condition of the marriage contract. “I was lawfully married to the respondent under Islamic law on or about July 12, 2025. At the time of the marriage, the agreed dowry was one four-year-old she-camel, which formed an essential condition of the marriage contract,” she stated.
“I can confirm that the said dowry was never paid, delivered or fulfilled to date, despite the subsistence and breakdown of the marriage.”
According to SMA, efforts to save the marriage through family intervention were unsuccessful. “As a family, elders from my side met with elders from the respondent’s family in an effort to reconcile us. However, despite these efforts, no resolution was reached, and the differences between us could not be resolved,” she said.
SMA told the court that she also attempted patience and reconciliation in an effort to preserve the union, but the marriage could not be salvaged.
The woman further stated that the couple did not have any children together.
Her uncle, who has been listed as a witness, supported her claims and defended her decision to end the marriage, arguing that it was in her best interests and wellbeing.
“I am aware that the agreed dowry for the marriage was one four-year-old she-camel, and the same remains unpaid to date. The respondent has failed in his marital obligations, including failure to provide maintenance and basic needs for my niece,” he stated.
SMA is now seeking orders from the court formally annulling the marriage and declaring that the agreed dowry remains unpaid and is payable to her.