[2006] KEHC 1049 (KLR)
The court found that the petitioner’s testimony was credible and uncontroverted, establishing that the respondent willfully refused to consummate the marriage. There was no evidence of accessory conduct, connivance, or collusion by the petitioner. Under Kenyan law, a marriage that is not consummated due to the...
Source-derived case information.
- Citation
- [2006] KEHC 1049 (KLR)
- Parties
- Petitioner: B.J.B; Respondent: H.O.S.M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 73 of 2006
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Marriage declared null and void; decree nisi to be made final within 90 days.
- Judges
- KH Rawal
- Legal Topics
- Nullity of Marriage, Non Consummation, Matrimonial Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B.J.B
Petitioner
H.O.S.M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be declared null and void due to non-consummation.
- 2 Whether the petitioner was accessory to or connived at the non-consummation of the marriage.
- 3 Whether there was any collusion between the parties in presenting or prosecuting the petition.
Ratio Decidendi
The court found that the petitioner’s testimony was credible and uncontroverted, establishing that the respondent willfully refused to consummate the marriage. There was no evidence of accessory conduct, connivance, or collusion by the petitioner. Under Kenyan law, a marriage that is not consummated due to the willful refusal of one party is considered null and void. Therefore, the court declared the marriage between the petitioner and respondent null and void and ordered that a decree nisi be made final within 90 days.
Court Disposition
Marriage declared null and void; decree nisi to be made final within 90 days.
Orders
- The marriage solemnized between the petitioner and respondent is declared null and void.
- A decree nisi is to be made final within 90 days from the date of judgment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS Divorce Cause 73 of 2006 B.J.B…………………………… PETITIONER?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
VERSUS
H.O.S.M..................... ……. RESPONDENT
JUDGEMENT
The Petitioner in this cause has prayed for an order that the marriage solemnized between her and H.O.S.M the Respondent herein be declared as a nullity.
Their marriage certificate was produced to show that they were married on?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /19th January, 2005.
In her uncontroverted testimony, she testified that after the marriage the Respondent by his willful act refused to consummate the marriage despite all her efforts and advances made.She denied that she has not been accessory to or connived at such act of non-consummation.
She also denied that she has colluded with the Respondent to present or prosecute this petition.
Before me was a 22 years old woman who seemed to have undergone the marriage without knowing that the Respondent had other intentions or purposes to solemnize this marriage except to consummate.
I have no reason to doubt the veracity of her testimony and believe the same as a true version of what the Petitioner went through.
I thus declare the marriage solemnized between the parties herein as null and void.The marriage without consummation is, as per law, null and void.
The decree nisi be made final within 90 days from the date hereof.
Dated and signed atNairobithis 26th day of October, 2006.
K.H. RAWAL
JUDGE
26. 10. 06