[2017] KEHC 8568 (KLR)

[2017] KEHC 8568 (KLR)

The court found that the respondent had been cruel to the petitioner and had constructively deserted him by refusing to relocate, cutting off communication, denying conjugal rights, and spurning reconciliation. The evidence demonstrated that the parties had lived apart since 2003, and the marital relationship had completely broken down. The court was satisfied that the grounds of cruelty and desertion were established and that the marriage had irretrievably broken down, warranting dissolution.

Citation
[2017] KEHC 8568 (KLR)
Parties
Applicant: E M I; Respondent: R W K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 March 2017
Case Number
Divorce Cause 247 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Cruelty, Desertion, Irretrievable Breakdown, Child Custody, Marriage Dissolution
Source Language
English
Family and Children Divorce Cruelty Desertion Irretrievable Breakdown Child Custody Marriage Dissolution

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Parties

E M I

Applicant

R W K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent has treated the petitioner with cruelty.
  2. 2 Whether the respondent has deserted the petitioner.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the respondent had been cruel to the petitioner and had constructively deserted him by refusing to relocate, cutting off communication, denying conjugal rights, and spurning reconciliation. The evidence demonstrated that the parties had lived apart since 2003, and the marital relationship had completely broken down. The court was satisfied that the grounds of cruelty and desertion were established and that the marriage had irretrievably broken down, warranting dissolution.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent, celebrated on 8th May 2009, is hereby dissolved.
  • Decree nisi shall issue forthwith, to be made absolute after thirty (30) days.