[2014] KEHC 3322 (KLR)
The court found that the petitioner’s allegations of cruelty were uncontroverted, as the respondent failed to respond or present evidence. The conduct described by the petitioner—habitual lying, compulsive borrowing, and exposing the family to embarrassment and hardship—constituted cruelty. The court was satisfied...
Source-derived case information.
- Citation
- [2014] KEHC 3322 (KLR)
- Parties
- Petitioner: J W N; Respondent: L K K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 215 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Cruelty, Irretrievable Breakdown, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J W N
Petitioner
L K K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent's conduct amounted to cruelty justifying dissolution of marriage.
- 2 Whether the marriage has irretrievably broken down.
- 3 Whether there was collusion or condonation by the petitioner.
Ratio Decidendi
The court found that the petitioner’s allegations of cruelty were uncontroverted, as the respondent failed to respond or present evidence. The conduct described by the petitioner—habitual lying, compulsive borrowing, and exposing the family to embarrassment and hardship—constituted cruelty. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and the petitioner had not condoned the cruelty. Accordingly, the legal requirements for dissolution of marriage under the Marriage Act were met, and the court granted the orders sought by the petitioner.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 15th July 1997 is dissolved.
- A decree nisi shall issue forthwith and shall be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 215 OF 2012
BETWEEN
J W N.….……................................…..PETITIONER
AND
L K K…….........................................RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 15th July 1997 at the office of the Registrar of Marriages, Nairobi. A certificate of marriage serial number [particulars withheld] was issued to them in accordance with the Marriage Act. The couple thereafter cohabited at various addresses within Nairobi, Kenya, as husband and wife. The couple was blessed with two issues.
The petition in this matter was filed in court on 15th November 2012. The petitioner accuses the respondent of cruelty. The particulars being that the respondent is a habitual liar, he a compulsive borrower of money which he never pays back, his habit of borrowing of money exposed the petitioner and the children of the marriage to embarrassing scenes and gross hardship, among others. On 2nd June 2013 the Deputy Registrar certified that the matter proceeds for hearing as an undefended cause. There is no reply to the petition and therefore the petitioner’s allegations, as made in the petition, remain uncontroverted.
The petitioner testified on 5th June 2014 and gave vent to the allegations made in her petition. No counter evidence was given by the respondent, and therefore the petitioner’s story was not controverted.
It would appear to me that the marriage between the parties herein has irretrievably broken down. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings. There is also no evidence that the petitioner has condoned the cruelty.
I am disposed to make the following orders: -
That I hereby dissolve the marriage celebrated between the petitioner and respondent on 15th July 1997;
That I decreenisi shall issue forthwith and shall be made absolute after thirty (30) days; and
That there will be no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 14th DAY OF August, 2014.
W. MUSYOKA
JUDGE
In the presence of ……………………. advocate for the applicants.