[2020] KEHC 7719 (KLR)

[2020] KEHC 7719 (KLR)

The court found that the parties had lived separately for over 26 years, with both physically and emotionally moving apart. The evidence established that the marriage had irretrievably broken down as defined under Section 66 of the Marriage Act. The court held that it would serve no purpose to keep the parties bound in marriage, and thus ordered the dissolution of the marriage. The decree was to be made absolute after three months, with each party bearing their own costs.

Citation
[2020] KEHC 7719 (KLR)
Parties
Petitioner: JWW; Respondent: Dr. AWW
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
20 February 2020
Case Number
Divorce Cause 143 of 1998
Procedural Posture
Divorce Cause / Judgment
Outcome
petition and cross-petition allowed; marriage dissolved
Judges
A Ali-Aroni
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Desertion, Separation, Matrimonial Offences
Source Language
English
Family and Children Dissolution of Marriage Irretrievable Breakdown Desertion Separation Matrimonial Offences

Case Brief

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Parties

JWW

Petitioner

Dr. AWW

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the conduct of the petitioner or respondent amounts to desertion or wilful neglect under the Marriage Act.
  3. 3 Whether the parties have been separated for the statutory period required for dissolution.

Ratio Decidendi

The court found that the parties had lived separately for over 26 years, with both physically and emotionally moving apart. The evidence established that the marriage had irretrievably broken down as defined under Section 66 of the Marriage Act. The court held that it would serve no purpose to keep the parties bound in marriage, and thus ordered the dissolution of the marriage. The decree was to be made absolute after three months, with each party bearing their own costs.

Court Disposition

petition and cross-petition allowed; marriage dissolved

Orders

  • The marriage between JWW and Dr. AWW is dissolved forthwith.
  • The decree of dissolution shall be made absolute after three months.