[2014] KEHC 3319 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down, with both parties having proved acts of cruelty against each other. There was no evidence of collusion or condonation of the cruelty alleged. The court also noted that both parties had an existing arrangement for...
Source-derived case information.
- Citation
- [2014] KEHC 3319 (KLR)
- Parties
- Petitioner: C N; Respondent: H O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 14 August 2014
- Case Number
- Divorce Cause 120 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed; marriage dissolved; joint custody of children granted; respondent to pay school fees and related needs; no order as to costs.
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Custody of Children, Maintenance of Children
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
C N
Petitioner
H O
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether either party is entitled to a decree of divorce based on cruelty or other matrimonial offences.
- 3 What custody and maintenance arrangements are appropriate for the children of the marriage.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down, with both parties having proved acts of cruelty against each other. There was no evidence of collusion or condonation of the cruelty alleged. The court also noted that both parties had an existing arrangement for joint custody and maintenance of the children, with the respondent paying school fees and related expenses. Accordingly, the court dissolved the marriage, granted joint custody of the children, and ordered the respondent to continue meeting the children's educational and related needs.
Court Disposition
Petition for divorce allowed; marriage dissolved; joint custody of children granted; respondent to pay school fees and related needs; no order as to costs.
Orders
- The marriage celebrated between the petitioner and respondent on 12th March 2003 is dissolved.
- The parties shall have joint custody of the children of the marriage.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 120 OF 2013
BETWEEN
C N…….…………………..……..PETITIONER
AND
H O……………………..…..……..RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 12th March 2003 at the office of the Registrar of Marriages, Nairobi. A certificate of marriage serial number [particulars withheld] was issued to them in accordance with the Marriage Act. The couple thereafter cohabited at various addresses in Nairobi, Kenya, as husband and wife. The couple was blessed with two issues – A M and G O.
In the petition filed in this matter accuses the respondent of neglecting the petitioner and the children of the marriage, of denying the petitioner her conjugal rights, falsely accusing the petitioner of engaging in extra-marital affairs with other men, of coming home drunk and picking fights, of having moved out of the matrimonial home when the petitioner was out on official duty, of physically assaulting the petitioner in front of his friends, among others.
The petition was served on the respondent and he filed an answer to the petition and a cross-petition. He denied the allegations made in the petition, and made his own allegations of cruelty, accusing the petitioner of being a person of loose morals who exposed him to HIV/AIDS and other sexually transmitted diseases, walking out of the matrimonial home, exposing the respondent to ridicule amongst family friends and peers, among others.
Both parties testified on 29th May 2014 and gave vent to the allegations made in their respective petitions.
It would appear to me that the marriage between the parties herein has irretrievably broken down. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings. There is also no evidence that both parties have condoned the cruelty alleged and proved by both of them.
On the issue of maintenance, both parties have a running arrangement on the custody and maintenance of the child. Both are currently having custody on a 50:50 basis. The respondent pays school fees and other expenses
I am disposed to make the following orders: -
That I hereby dissolve the marriage celebrated between the petitioner and respondent on 12th March 2003;
That the parties shall have joint custody of the children of the marriage;
That the respondent shall meet all the school fees and related needs of the children of the marriage;
That decreenisi shall issue forthwith and shall be made absolute after thirty (30) days; and
That there will be no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 14th DAY OF August, 2014.
W. MUSYOKA
JUDGE
In the presence of ……………………. advocate for the applicants.