[2016] KEHC 5250 (KLR)
The court found that the respondent deserted the petitioner for a continuous period of four years, which constitutes a valid ground for dissolution of marriage under Kenyan law. The evidence presented by the petitioner was unchallenged, and the court was satisfied that the marriage had irretrievably broken down due...
Source-derived case information.
- Citation
- [2016] KEHC 5250 (KLR)
- Parties
- Applicant: E O N; Respondent: J S K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 50 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- REA Ougo
- Legal Topics
- Divorce, Desertion, Irretrievable Breakdown of Marriage, Matrimonial Causes, Custody of Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E O N
Applicant
J S K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home, constituting a ground for divorce under Kenyan law.
- 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
Ratio Decidendi
The court found that the respondent deserted the petitioner for a continuous period of four years, which constitutes a valid ground for dissolution of marriage under Kenyan law. The evidence presented by the petitioner was unchallenged, and the court was satisfied that the marriage had irretrievably broken down due to the respondent's prolonged absence and lack of communication. Consequently, the court dissolved the marriage on the ground of desertion, holding that reconciliation was not possible and that the statutory requirements for divorce had been met.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent celebrated on 26th August 2008 is dissolved on grounds of desertion.
- A decree nisi to issue and to be made absolute within 30 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO. 50 OF 2014
E O N.....................................................PETITIONER
VERSUS
J S K..................................................RESPONDENT
JUDGMENT
1. The Petitioner has filed a petition dated 7th March 2014 seeking dissolution of his marriage to the respondent. They solemnized their marriage at the Office of the Registrar of Marriages in Nairobi. Since the celebration of their marriage they lived together as husband and wife. The marriage was blessed with two issues namely: R N 6 years and A A 4 years. They are no longer together. He testified in court that around July 2010 he returned home from work and found the respondent had left with everything. He called her home and she had not arrived. Later he was told she lives in Mombasa. He inquired why she left and he was told that as far as the respondent is concerned the petitioner is not financially stable. The respondent told him she was giving him time to be financially stable. She has never returned back to the matrimonial home nor have they communicated since 2010. The petition proceeded as undefended suit.
2. The petitioner’s ground for dissolution of marriage is desertion. From his evidence it is four years since the respondent left the matrimonial home. Desertion is a ground for divorce under the Matrimonial Causes Act and the Marriage Act. It is apparent that the parties have not been able to reconcile and their marriage has irretrievably broken down. This court therefore dissolves the marriage between the petitioner and the respondent celebrated on the 26th Day of August 2008 on grounds of desertion. The marriage is dissolved. The issue of the children shall be dealt with at the Children’s Court. A decree nisi to issue and to be made absolute within 30 days. No orders as to costs. It is so ordered.
Signed, dated and delivered this 27th Day ofApril2016
R. E OUGO
JUDGE
In the presence of:
………………………………………………...Petitioner
……………………………………….…….Respondent
Charity Court Clerk.