[2018] KEHC 9499 (KLR)
The court found that both parties agreed the marriage had broken down beyond repair, with no meaningful communication or conjugal relationship for over a decade. The evidence established irreconcilable differences and mutual allegations of cruelty, leading the court to conclude that the marriage had ended in...
Source-derived case information.
- Citation
- [2018] KEHC 9499 (KLR)
- Parties
- Petitioner: J.M.K.M.; Respondent: S.M.K.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 32 of 2018
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- petition and cross-petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Matrimonial Breakdown, Cruelty, Irretrievable Breakdown of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.M.K.M.
Petitioner
S.M.K.
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether either party was guilty of cruelty warranting dissolution of marriage.
Ratio Decidendi
The court found that both parties agreed the marriage had broken down beyond repair, with no meaningful communication or conjugal relationship for over a decade. The evidence established irreconcilable differences and mutual allegations of cruelty, leading the court to conclude that the marriage had ended in substance many years prior. On this basis, both the petition and cross-petition for divorce were allowed, and the marriage was dissolved.
Court Disposition
petition and cross-petition allowed; marriage dissolved
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
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
CIVIL CASE NO. 32 OF 2018 (O.S.)
(Formerly Milimani Commercial Divorce No. 237 of 2008)
J.M.K.M....................................................PETITIONER
VERSUS
S.M.K........................................................RESPONDENT
JUDGMENT
1. The petitioner J.M.K.M. and the respondent S.M.K. got married on 29th March 1986 in Meru, Kenya. They are both domiciled in the Republic of Kenya. The marriage was blessed with two children aged 31 and 29 years, respectively.
2. On 8th August 2008 the petitioner filed this petition seeking the dissolution of the marriage on grounds of cruelty whose particulars were given. The respondent filed an answer and a cross-petition for divorce on 3rd September 2008 denying the allegations by the petitioner. He accused the petitioner of being cruel towards him and of inciting their children against him. He pleaded that the relationship between the two had irretrievably broken down and asked the court to dissolve their marriage.
3. During the hearing of the petition, the petitioner was represented by Mr. Narangwi while the respondent was represented by Mr. Kurauka. Both parties were present in court and adopted their respective petition and cross-petition and the grounds therein.
4. From the evidence given in court, the parties stay in the same compound (in the matrimonial home) but do not talk to each other. According to the petitioner, there has been no sexual relationship for 17 years. The respondent stated that they last sexually related 10 years ago. Each testified that the marriage has broken down beyond repair. I find that, for all purposes, this marriage ended many years ago.
5. On the basis that the petitioner and the respondent have irreconcilable differences, I allow both the petition and the cross-petition. The marriage between them is hereby dissolved. Decree nisi shall issue immediately, and become absolute after 30 days.
6. In the circumstances of the case, each party shall bear own costs.
DATED and SIGNED at NAIROBI this 5TH day of OCTOBER 2018
A.O. MUCHELULE
JUDGE