[2004] KEHC 1074 (KLR)
The court found that the marriage had irretrievably broken down due to the respondent's cruelty and abandonment of the petitioner. The parties had lived separately since 2000, and the respondent had not shown any interest in the welfare of the children. The petitioner had been solely responsible for the children's...
Source-derived case information.
- Citation
- [2004] KEHC 1074 (KLR)
- Parties
- Petitioner: FCR; Respondent: RR
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 5 of 2003
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed; decree nisi issued; custody of children granted to petitioner; respondent to pay costs.
- Judges
- K Bauni
- Legal Topics
- Divorce, Custody of Children, Matrimonial Cruelty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FCR
Petitioner
RR
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the petitioner is entitled to custody of the two children of the marriage.
- 3 Whether the respondent should bear the costs of the petition.
Ratio Decidendi
The court found that the marriage had irretrievably broken down due to the respondent's cruelty and abandonment of the petitioner. The parties had lived separately since 2000, and the respondent had not shown any interest in the welfare of the children. The petitioner had been solely responsible for the children's care. Given these facts, the court concluded that the petitioner was entitled to a decree of divorce and custody of the children. The respondent, having failed to contest the petition or demonstrate any interest in the children, was also ordered to pay the costs of the petition.
Court Disposition
Petition for divorce allowed; decree nisi issued; custody of children granted to petitioner; respondent to pay costs.
Orders
- Decree nisi for dissolution of marriage issued.
- Petitioner granted custody of the two children.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII
DIVORCE CAUSE NO. 5 OF 200
FCR …………….....................…………………… PETITIONERVERSUSRIR …………………………………………………RESPONDENT
JUDGMENT:
The PetitionerFCR prays for dissolution of her marriage with the respondent RR. She also prays for the custody of their two children of the marriage. She told court that they married on 4th April 1998 at the District Commissioner’s office Narok. The marriage was blessed with two children CC and KK. However in the year 2000 before KK was born the Respondent started being cruel to her. He would take other women to their house and he would beat her up. He would chase her out of the house with a knife. Eventually she had to go back to her parents. Since then the Respondent had never gone even to see the children.
I have considered the evidence. The petition is not contested. It is clear that the marriage has completely broken down since the year the 2000. The two have been living separately since then. Petitioner has been taking care of the children and it seems that Respondent has no interest in them otherwise he would have tried to find out how they are fairing.
I therefore allow the petition for divorce as prayed and hereby issue decree Nisi. The Petitioner will also have custody of the two children.
Respondent to pay costs of the Petition.
Dated at Kisii this 12th November 2004.
KABURU BAUNI
JUDGE
12/11/04
Petitioner present.