[2008] KEHC 1115 (KLR)
The court found that the respondent, after the marriage ceremony, willfully refused to consummate the marriage by leaving for Nairobi and not returning to live with the petitioner, despite his repeated requests. The evidence established that the marriage had not been consummated for over five years. The court...
Source-derived case information.
- Citation
- [2008] KEHC 1115 (KLR)
- Parties
- Petitioner: Enock Gichaba Otara; Respondent: Mary Moraa Sagwe
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 2 of 2008
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage between petitioner and respondent nullified.
- Judges
- DK Maraga
- Legal Topics
- Marriage Nullity, Non Consummation, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Gichaba Otara
Petitioner
Mary Moraa Sagwe
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be nullified on the ground of non-consummation.
Ratio Decidendi
The court found that the respondent, after the marriage ceremony, willfully refused to consummate the marriage by leaving for Nairobi and not returning to live with the petitioner, despite his repeated requests. The evidence established that the marriage had not been consummated for over five years. The court concluded that the respondent's conduct amounted to a willful refusal to consummate the marriage, which is a valid ground for nullity under Kenyan law. As the respondent did not contest the petition or provide any justification for her actions, the court was satisfied that the petitioner had proved his case on a balance of probabilities and granted the order for nullification of the...
Court Disposition
Petition allowed. Marriage between petitioner and respondent nullified.
Orders
- The marriage between Enock Gichaba Otara and Mary Moraa Sagwe is hereby nullified.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Divorce Cause 2 of 2008
EGO….……………...…...….PETITIONER
VERSUS
MMS………………..……RESPONDENT
JUDGMENT
On 24th June 2003 Enock Gichaba Otara, the Petitioner in the this cause, then a bachelor, married Mary Moraa Sagwe, the Respondent, then a spinster, at a marriage ceremony held at the Superintendent Registrar’s Office at Nakuru. Thereafter they did not have any sexual relations. The Respondent immediately after the ceremony of marriage went to Nairobi and has, despite pleas from the Petitioner refused to return to Nakuru.
The Petitioner therefore seeks the nullification of their marriage on the ground that the Respondent has refused to have it consummated. Though served with the petition, the Respondent has not opposed it. In his evidence the Petitioner stated that they intended to migrate to the USA after marriage. It appears that was the purpose of the marriage and on failure to secure a visa to the USA the Respondent has for now over 5 years studiously refused to consummate the marriage. In the circumstances I accede to the Petitioner’s plea and hereby nullify the marriage between him and the Respondent.
DATED and delivered this 14th day of October, 2008.
D. K. MARAGA
JUDGE