[2004] KEHC 1693 (KLR)
The court found that the petitioner had provided credible and sufficient evidence of cruelty, both physical and verbal, perpetrated by the respondent. The evidence included instances of assault and false accusations resulting in arrest and humiliation. The court was satisfied that the petitioner did not condone the...
Source-derived case information.
- Citation
- [2004] KEHC 1693 (KLR)
- Parties
- Applicant: J.M.K; Respondent: G.N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 60 of 2003
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for dissolution of marriage allowed; marriage dissolved.
- Judges
- FI Koome
- Legal Topics
- Divorce, Custody of Children, Cruelty, Maintenance of Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.M.K
Applicant
G.N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner was subjected to cruelty by the respondent sufficient to warrant dissolution of marriage.
- 2 Whether the petitioner condoned the acts of cruelty or colluded with the respondent.
- 3 Who should have custody, care, and control of the children of the marriage.
Ratio Decidendi
The court found that the petitioner had provided credible and sufficient evidence of cruelty, both physical and verbal, perpetrated by the respondent. The evidence included instances of assault and false accusations resulting in arrest and humiliation. The court was satisfied that the petitioner did not condone the cruelty and that there was no collusion between the parties. As a result, the court held that the legal threshold for dissolution of marriage on the ground of cruelty had been met. The court further determined that the best interests of the children required that custody, care, and control be granted to the petitioner, with the respondent responsible for school fees and related...
Court Disposition
Petition for dissolution of marriage allowed; marriage dissolved.
Orders
- Marriage between the petitioner and respondent is dissolved; decree nisi to issue after six months.
- Custody, care, and control of the two children granted to the petitioner.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
DIVORCE CAUSE NO. 60 OF 2003
J.M.K ……………………….. PETITIONER
AND
G.N …………….……………….. RESPONDENT
JUDGMENT
The Petitioner in this case who was representing herself has petitioned this court for the dissolution of a marriage that was soleminized on 7/5/99 before the Registrar of marriage. The parties were married prior thereto, under the Kamba customary law which marriage they converted under the marriage Act. They cohabited in Kisii, Nakuru, Makueni and Kibwezi during the said marriage and they have two issues to the marriage.
This case was certified as an undefended cause on 9/10/03. During the hearing the petitioner testified and gave a detailed account of incidences of cruelty both physical and verbal that she was subjected to by the Respondent. The incidences of cruelty and particulars are contained on paragraph 7 of the petition. The Petitioner recounted how she was assaulted by the Respondent on various occasions thereby occasioning her bodily harm. The Respondent also reported to the police that the Petitioner had stolen household goods. She was arrested and detained in the police station which caused her a lot of humiliation.
I have evaluated the Petitioner’s Evidence, the petition filed herein and I am satisfied that the Petitioner was treated with cruelty and she did not condone the acts of cruelty nor was this petition brought through collusion with the Respondent. Accordingly I dissolve the marriage solemnized between the Petitioner and Respondent. A decree nisi shall issue after a period of 6 (six) months.
The custody care and control of the two issues shall be with the Petitioner.
The Respondent shall pay school fees and related expenses for the children. Costs of this cause to the petitioner. Any party shall be at liberty to apply.
Judgment read and signed on 30/1/04.
M. KOOME
JUDGE