[2018] KEHC 9042 (KLR)

[2018] KEHC 9042 (KLR)

The court found that the marital relationship between the petitioner and respondent had totally broken down, with both parties conceding to this fact. Cohabitation had ceased, and the parties had been separated for a significant period. The court was satisfied that the marriage had irretrievably broken down, and that both parties sought dissolution. The legal threshold for dissolution under Kenyan law was met, and the court exercised its discretion to dissolve the marriage, issuing a decree nisi to be made absolute after thirty days. Each party was ordered to bear their own costs.

Citation
[2018] KEHC 9042 (KLR)
Parties
Petitioner: A M; Respondent: C B M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 March 2018
Case Number
Divorce Cause 1 of 2017
Procedural Posture
Divorce Cause / Judgment
Outcome
petition and cross-petition for dissolution of marriage allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Dissolution of Marriage, Cruelty, Irretrievable Breakdown, Matrimonial Offences
Source Language
English
Family and Children Dissolution of Marriage Cruelty Irretrievable Breakdown Matrimonial Offences

Case Brief

Summary, issues, holding and outcome

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Parties

A M

Petitioner

C B M

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 acts of cruelty or desertion have been committed by either party warranting dissolution of the marriage.

Ratio Decidendi

The court found that the marital relationship between the petitioner and respondent had totally broken down, with both parties conceding to this fact. Cohabitation had ceased, and the parties had been separated for a significant period. The court was satisfied that the marriage had irretrievably broken down, and that both parties sought dissolution. The legal threshold for dissolution under Kenyan law was met, and the court exercised its discretion to dissolve the marriage, issuing a decree nisi to be made absolute after thirty days. Each party was ordered to bear their own costs.

Court Disposition

petition and cross-petition for dissolution of marriage allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent celebrated on 27th December 2000 is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty days.