[2015] KEHC 4317 (KLR)

[2015] KEHC 4317 (KLR)

The court found that both parties agreed the marriage had broken down and had lived apart for approximately eighteen years. The allegations of adultery, cruelty, and desertion were contested, but both parties sought dissolution. The court held that the marriage had irretrievably broken down and could not be salvaged, thus meeting the statutory grounds for dissolution under the Marriage Act. The court therefore declared the marriage dissolved and ordered that a decree nisi issue after six months, with each party bearing their own costs.

Citation
[2015] KEHC 4317 (KLR)
Parties
Petitioner: GKM; Respondent: MKM
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
6 May 2015
Case Number
Divorce Cause 4 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; decree nisi to issue after six months; each party to bear own costs.
Judges
BT Jaden
Legal Topics
Divorce, Matrimonial Breakdown, Adultery, Cruelty, Desertion
Source Language
English
Family and Children Divorce Matrimonial Breakdown Adultery Cruelty Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

GKM

Petitioner

MKM

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  2. 2 Whether grounds of adultery, cruelty, and desertion have been established to warrant dissolution of marriage.
  3. 3 Whether both parties consent to the dissolution of the marriage.

Ratio Decidendi

The court found that both parties agreed the marriage had broken down and had lived apart for approximately eighteen years. The allegations of adultery, cruelty, and desertion were contested, but both parties sought dissolution. The court held that the marriage had irretrievably broken down and could not be salvaged, thus meeting the statutory grounds for dissolution under the Marriage Act. The court therefore declared the marriage dissolved and ordered that a decree nisi issue after six months, with each party bearing their own costs.

Court Disposition

Marriage dissolved; decree nisi to issue after six months; each party to bear own costs.

Orders

  • The marriage between the Petitioner and Respondent is dissolved.
  • A decree nisi to issue upon expiry of six months from the date of judgment.