[2014] KEHC 8384 (KLR)
The court found that the petitioner had established, on a balance of probabilities, that the marriage was never consummated due to the respondent's persistent refusal. The respondent, though served and represented, did not contest the petition or provide any evidence to the contrary. The unchallenged evidence of the...
Source-derived case information.
- Citation
- [2014] KEHC 8384 (KLR)
- Parties
- Petitioner: J C; Respondent: M N K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 103 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage annulled
- Judges
- AO Muchelule
- Legal Topics
- Annulment of Marriage, Non Consummation, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J C
Petitioner
M N K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be annulled on grounds of non-consummation.
Ratio Decidendi
The court found that the petitioner had established, on a balance of probabilities, that the marriage was never consummated due to the respondent's persistent refusal. The respondent, though served and represented, did not contest the petition or provide any evidence to the contrary. The unchallenged evidence of the petitioner was accepted. The court held that non-consummation is a valid ground for annulment and, accordingly, granted the petition to annul the marriage.
Court Disposition
petition allowed; marriage annulled
Orders
- The marriage between the petitioner and the respondent is annulled.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 103 OF 2013
J C…………….……….…....PETITIONER
VERSUS
M N K..….……….......…… RESPONDENT
JUDGMENT
The petitioner J C and the respondent M N K got married on 15th June 2012 at the Registrar’s office in Nairobi. The petitioner works for the Ministry of Foreign Affairs and was then based in the U.S.A. He travelled to Kenya for the marriage. The respondent was staying in Kenya. The marriage was not consummated during the three days that the petitioner was in Kenya. On 18th July 2012 he returned to the USA. In September 2012 the respondent joined him there and they stayed in the same house, but in separate rooms. Every time he wanted to have the marriage consummated she gave excuses. This happened until January 2013 when they parted. They have not been in contact since.
The petitioner seeks to have the marriage annulled. The petition was served. The respondent instructed MAINA MAKOME & CO. ADVOCATES who entered appearance but did not file reply. The evidence of the petitioner in support of the petition was not challenged. He was represented by MR HENIA.
I allow the petition and annul the marriage between the petitioner and the respondent.
DATED and DELIVERED at NAIROBI this 10th July, 2014
A.O. MUCHELULE
JUDGE