[2018] KEHC 3068 (KLR)

[2018] KEHC 3068 (KLR)

The court found that the petitioner failed to prove the grounds of adultery and cruelty, as there was insufficient evidence beyond mere assertions. However, it was clear from the evidence that the parties had separated in 2011 and had not cohabited since, amounting to mutual desertion. The court held that the...

Source-derived case information.

Citation
[2018] KEHC 3068 (KLR)
Parties
Petitioner: F M C; Respondent: M K A
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
25 October 2018
Case Number
Divorce Cause 4 of 2012
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed in part
Judges
CM Njagi
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Custody of Children, Matrimonial Property
Source Language
english
Family and Children Divorce Irretrievable Breakdown of Marriage Custody of Children Matrimonial Property

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Summary, issues, holding and outcome

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Parties

F M C

Petitioner

M K A

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds of adultery, cruelty, or desertion against the respondent.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to custody of the children of the marriage.

Ratio Decidendi

The court found that the petitioner failed to prove the grounds of adultery and cruelty, as there was insufficient evidence beyond mere assertions. However, it was clear from the evidence that the parties had separated in 2011 and had not cohabited since, amounting to mutual desertion. The court held that the marriage had irretrievably broken down and could not be salvaged, warranting its dissolution. The court declined to make any orders regarding custody of the children due to lack of evidence on their welfare, and the issue of matrimonial property was dropped as the petitioner was no longer interested in pursuing it.

Court Disposition

petition allowed in part

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi to issue accordingly.