[2004] KEHC 1694 (KLR)
The court found that the petitioner had shown no interest in defending the marriage by failing to appear despite being served with a hearing notice. The respondent's cross-petition was believed and found to be proved. Consequently, the marriage was dissolved. The court awarded custody, care, and control of the child...
Source-derived case information.
- Citation
- [2004] KEHC 1694 (KLR)
- Parties
- Petitioner: Lily Kaima Washo; Respondent: Arnold Chai Shehe
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 6 of 2003
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Marriage dissolved; custody and maintenance orders issued.
- Legal Topics
- Divorce, Child Custody, Child Maintenance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lily Kaima Washo
Petitioner
Arnold Chai Shehe
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be dissolved.
- 2 Who should have custody, care, and control of the child of the marriage.
- 3 Whether maintenance should be awarded and to whom.
Ratio Decidendi
The court found that the petitioner had shown no interest in defending the marriage by failing to appear despite being served with a hearing notice. The respondent's cross-petition was believed and found to be proved. Consequently, the marriage was dissolved. The court awarded custody, care, and control of the child to the petitioner (mother), with the respondent (father) ordered to pay Kshs. 5,000 per month for maintenance and to provide for the child's school fees, clothing, food, shelter, and medical needs. The court reserved the right to review the maintenance order upwards if necessary and made no order for the petitioner's maintenance, allowing her liberty to apply for it in the...
Court Disposition
Marriage dissolved; custody and maintenance orders issued.
Orders
- Decree Nisi to be made absolute within 4 weeks.
- Mother (petitioner) to have custody, care, and control of the child.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO. 6 OF 2003
LILY KAIMA WASHO…………………………………….PETITIONER
=V E R S U S=
ARNOLD CHAI SHEHE………………………………RESPONDENT
J U D G M E N T
The Petitioner is the wife of the Respondent. She also petitioned for divorce.
It is clear from her conduct she does not wish to defend her marriage. She did not appear in court to-day although served with a Hearing Notice. I believe what the Cross- Petitioner says and I find his cross-petition proved.
I therefore allow the cross-petition and dissolve the marriage.
I declare Decree Nisi to be made absolute within the next 4 weeks.
I order that the mother Petitioner shall have custody care and control of the infant child of the marriage.
The father Cross-Petitioner shall pay for the maintenance of the child Kshs.5,000/- per month and shall provide school fees, clothing, food and shelter and in addition all medical requirements for the child.
The order for custody and maintenance may be reviewed upwards when the need arises.
As I have found that the Petitioner has shown no interest in these proceedings, I shall make no order as to her maintenance. She shall be at liberty to make application for the same if she so requires.
No order as to costs is made against the Petitioner.
Dated at Mombasa this 29th day of March, 2004.
JOYCE KHAMINWA
J U D G E