[2015] KEHC 3638 (KLR)

[2015] KEHC 3638 (KLR)

The court found that the Petitioner’s evidence of desertion and cruelty by the Respondent was unchallenged and credible. The Respondent, though represented, did not cross-examine or rebut the allegations. The court was satisfied that the marriage had irretrievably broken down, there was no collusion or condonation, and the statutory grounds for dissolution were met. Consequently, the court ordered the dissolution of the marriage and issuance of a decree nisi, to be made absolute after forty-five days.

Citation
[2015] KEHC 3638 (KLR)
Parties
Applicant: C. M.B.; Respondent: E.O.A.
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
23 July 2015
Case Number
Divorce Cause 2 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
AC Mrima
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Cruelty, Custody and Access, Marriage Dissolution
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Cruelty Custody and Access Marriage Dissolution

Case Brief

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Parties

C. M.B.

Applicant

E.O.A.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the matrimonial home, amounting to grounds for divorce.
  2. 2 Whether the Respondent treated the Petitioner with cruelty, justifying dissolution of marriage.
  3. 3 Whether there was collusion or condonation by the Petitioner in bringing the proceedings.

Ratio Decidendi

The court found that the Petitioner’s evidence of desertion and cruelty by the Respondent was unchallenged and credible. The Respondent, though represented, did not cross-examine or rebut the allegations. The court was satisfied that the marriage had irretrievably broken down, there was no collusion or condonation, and the statutory grounds for dissolution were met. Consequently, the court ordered the dissolution of the marriage and issuance of a decree nisi, to be made absolute after forty-five days.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • The marriage celebrated between the Petitioner and the Respondent on 16/11/2007 is dissolved.
  • A decree nisi to issue forthwith, to be made absolute after forty-five (45) days.