[2017] KEHC 9594 (KLR)

[2017] KEHC 9594 (KLR)

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by the parties living apart since August 2011 and the respondent's failure to participate in the proceedings. The petitioner substantiated allegations of cruelty and desertion, and the respondent did not contest these claims. The court concluded that the marriage had practically come to an end and that the legal grounds for dissolution had been met. The court therefore granted the orders sought for dissolution of the marriage and directed that issues relating to the children be placed before the Children’s Court.

Citation
[2017] KEHC 9594 (KLR)
Parties
Petitioner: A M M; Respondent: M W K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 October 2017
Case Number
Divorce Cause 72 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Dissolution of Marriage, Child Custody, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Dissolution of Marriage Child Custody Matrimonial Breakdown

Case Brief

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Parties

A M M

Petitioner

M W K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether grounds of cruelty and adultery have been established to warrant dissolution of marriage.
  3. 3 Whether the petitioner is entitled to custody of the children.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by the parties living apart since August 2011 and the respondent's failure to participate in the proceedings. The petitioner substantiated allegations of cruelty and desertion, and the respondent did not contest these claims. The court concluded that the marriage had practically come to an end and that the legal grounds for dissolution had been met. The court therefore granted the orders sought for dissolution of the marriage and directed that issues relating to the children be placed before the Children’s Court.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent, celebrated on 22nd February 1990, is hereby dissolved.
  • Decree nisi shall issue forthwith, to be made absolute after thirty (30) days.