[2018] KEHC 9005 (KLR)
The court found that the petitioner and respondent have been separated since 2010 and have had no communication or interaction since then. Both parties testified that the marriage cannot be repaired. On this basis, the court concluded that the marriage has irretrievably broken down and ordered its dissolution,...
Source-derived case information.
- Citation
- [2018] KEHC 9005 (KLR)
- Parties
- Petitioner: G S W; Respondent: E N W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 76 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for dissolution of marriage allowed.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Separation, Matrimonial Relations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G S W
Petitioner
E N W
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the parties have been separated for a sufficient period to warrant dissolution of marriage.
Ratio Decidendi
The court found that the petitioner and respondent have been separated since 2010 and have had no communication or interaction since then. Both parties testified that the marriage cannot be repaired. On this basis, the court concluded that the marriage has irretrievably broken down and ordered its dissolution, issuing a decree nisi to become absolute after 30 days.
Court Disposition
Petition for dissolution of marriage allowed.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue immediately and become absolute after 30 days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 76 OF 2014
G S W…………………………...................................PETITIONER
VERSUS
E N W……………………………...........................RESPONDENT
JUDGMENT
1. The petitioner G S W and the respondent E N W begun to cohabit in 1987. In 1988 they formally married at the Registrar’s Office in Nairobi. They stayed at Matete District in Kakamega county and at Embakasi in Nairobi. The marriage was blessed with two adult children.
2. Since the year 2010 the parties have stayed apart. The petitioner left the matrimonial home. The parties have not had any communication or interaction since then.
3. In a petition filed on 3rd April 2014 the petitioner sought the dissolution of the marriage. Among other things, he pleaded that the marriage has irretrievably broken down. The respondent filed an answer to the petition and a cross-petition for divorce.
4. The parties testified before me this morning, and each swore that the marriage cannot be repaired.
5. On the basis that the petitioner and respondent have been separated since 2010, and their evidence that they can no longer stay together as husband and wife, I order the dissolution of the marriage. Decree nisi shall issue immediately and shall become absolute after 30 days.
6. I make no orders to costs.
DATED, DELIVERED and SIGNED at NAIROBI this 1ST day of MARCH 2018.
A.O. MUCHELULE
JUDGE