[2014] KEHC 1121 (KLR)

[2014] KEHC 1121 (KLR)

The court found that the marriage between the Petitioner and Respondent was not capable of being salvaged as it had never been consummated and the parties had been separated for three years without any attempt at reconciliation. The absence of any marital relationship or communication since separation, coupled with the Respondent's failure to contest the petition, led the court to conclude that the marriage had broken down irretrievably and was void ab initio. Accordingly, the court declared the marriage null and void and issued a decree nisi to be made absolute after thirty days.

Citation
[2014] KEHC 1121 (KLR)
Parties
Petitioner: A J; Respondent: P P
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 November 2014
Case Number
Divorce Cause 47 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage declared null and void
Judges
LA Achode
Legal Topics
Nullity of Marriage, Irretrievable Breakdown, Non Consummation, Separation
Source Language
English
Family and Children Nullity of Marriage Irretrievable Breakdown Non Consummation Separation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

A J

Petitioner

P P

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent should be declared null and void due to non-consummation and irretrievable breakdown.
  2. 2 Whether there are any claims arising out of the marriage between the parties.

Ratio Decidendi

The court found that the marriage between the Petitioner and Respondent was not capable of being salvaged as it had never been consummated and the parties had been separated for three years without any attempt at reconciliation. The absence of any marital relationship or communication since separation, coupled with the Respondent's failure to contest the petition, led the court to conclude that the marriage had broken down irretrievably and was void ab initio. Accordingly, the court declared the marriage null and void and issued a decree nisi to be made absolute after thirty days.

Court Disposition

petition allowed; marriage declared null and void

Orders

  • The marriage celebrated between the Petitioner and Respondent at the Registrar’s office in Nairobi on 6th July 2011 is hereby declared null and void.
  • Decree nisi dissolving the said marriage is hereby issued to be made absolute thirty (30) days from the date of this judgment.