[2011] KEHC 569 (KLR)

[2011] KEHC 569 (KLR)

The court found that the petitioner had proved the matrimonial offence of cruelty by demonstrating a pattern of verbal and physical abuse, threats, and forceful eviction by the respondent. The evidence also established that both parties had irreconcilable differences and that neither had made efforts at reconciliation since their separation. The respondent's suspicion of adultery was unsupported by evidence. The court concluded that the marriage had irretrievably broken down due to cruelty and desertion, warranting dissolution. The issues of custody and maintenance were referred to the Children’s Court, which has the appropriate jurisdiction.

Citation
[2011] KEHC 569 (KLR)
Parties
Applicant: JMM; Respondent: JPW
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
27 July 2011
Case Number
Divorce Cause 2 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce granted; marriage dissolved; custody and maintenance issues referred to the Children’s Court; no order as to costs.
Legal Topics
Divorce, Matrimonial Offences, Custody of Children, Maintenance, Cruelty, Desertion
Source Language
English
Family and Children Divorce Matrimonial Offences Custody of Children Maintenance Cruelty Desertion

Case Brief

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Parties

JMM

Applicant

JPW

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner proved the matrimonial offence of cruelty to the required standard of proof.
  2. 2 Whether the petitioner or respondent was guilty of desertion from the matrimonial home.
  3. 3 Whether the marriage had irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the petitioner had proved the matrimonial offence of cruelty by demonstrating a pattern of verbal and physical abuse, threats, and forceful eviction by the respondent. The evidence also established that both parties had irreconcilable differences and that neither had made efforts at reconciliation since their separation. The respondent's suspicion of adultery was unsupported by evidence. The court concluded that the marriage had irretrievably broken down due to cruelty and desertion, warranting dissolution. The issues of custody and maintenance were referred to the Children’s Court, which has the appropriate jurisdiction.

Court Disposition

Petition for divorce granted; marriage dissolved; custody and maintenance issues referred to the Children’s Court; no order as to costs.

Orders

  • The marriage solemnised on 20th July 2007 at the District Commissioner’s office in Nandi Hills is annulled.
  • Decree nisi dissolving the marriage is issued, to be made absolute within thirty (30) days of the judgment.