[2014] KEHC 8501 (KLR)
The court found that the respondent deserted the petitioner and their children in 1986, married another woman, and violently expelled the petitioner from the matrimonial home. The parties have been separated for approximately 28 years, and there has been no attempt at reconciliation. The evidence was uncontested as...
Source-derived case information.
- Citation
- [2014] KEHC 8501 (KLR)
- Parties
- Applicant: C W N; Respondent: J N K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 82 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Dissolution of Marriage, Desertion, Irretrievable Breakdown, Customary Marriage, Matrimonial Home
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C W N
Applicant
J N K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the respondent deserted the petitioner and their children.
- 3 Whether the petitioner is entitled to dissolution of marriage under the circumstances.
Ratio Decidendi
The court found that the respondent deserted the petitioner and their children in 1986, married another woman, and violently expelled the petitioner from the matrimonial home. The parties have been separated for approximately 28 years, and there has been no attempt at reconciliation. The evidence was uncontested as the respondent did not file any response. The court accepted the petitioner's evidence and held that the marriage had irretrievably broken down due to prolonged separation and desertion. Accordingly, the court granted the dissolution of the marriage and ordered the respondent to pay the costs of the petition.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and the respondent is dissolved.
- The respondent shall pay the costs of the petition.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NO. 82 OF 2014
C W N……................…………PETITIONER
VERSUS
J N K…………………..….RESPONDENT
JUDGMENT
1. The petitioner and the respondent got married in 1983 under Kikuyu customary law and established a matrimonial home at Ilasit in Oloitoktok.
2. The couple was blessed with two children, namely E K (now deceased) and G W who is aged 29 years.
3. The petitioner filed this Cause seeking the dissolution of the marriage on the grounds of desertion and that the marriage has irretrievably broken down. The petition was served but did not elicit any response. The petitioner’s evidence was therefore not contested.
4. The petitioner told the Court that in 1986 the respondent married another woman and violently chased her and the children out of the matrimonial home. Since then he has not sought to have the relationship discussed or reconciled. It is about 28 years since the couple separated and that is why the petitioner states that the marriage has been broken beyond repair. I accept her evidence.
5. I allow the petition and order that the marriage between the petitioner and the respondent be dissolved. I ask the respondent to pay the costs of the petition.
DATEDandDELIVEREDatNAIROBIthis 21stday of November 2014
A.O. MUCHELULE
JUDGE