[2011] KEHC 1066 (KLR)
The court found that the Petitioner’s testimony was uncontroverted and credible. The evidence established that the marriage was never consummated because the Respondent abandoned the Petitioner immediately after the wedding and failed to return or provide any explanation. Under Kenyan law, non-consummation is a...
Source-derived case information.
- Citation
- [2011] KEHC 1066 (KLR)
- Parties
- Petitioner: M.J.K.; Respondent: I.N.O.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 46 of 2009
- Procedural Posture
- Petition for Annulment / Judgment
- Outcome
- petition granted; marriage annulled
- Judges
- DK Maraga
- Legal Topics
- Marriage Annulment, Non Consummation, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M.J.K.
Petitioner
I.N.O.
Respondent
Procedural Posture
Petition for Annulment / Judgment
Legal Issues
- 1 Whether the marriage between the Petitioner and Respondent should be annulled due to non-consummation.
- 2 Whether the Petitioner has proved grounds for annulment under the law.
Ratio Decidendi
The court found that the Petitioner’s testimony was uncontroverted and credible. The evidence established that the marriage was never consummated because the Respondent abandoned the Petitioner immediately after the wedding and failed to return or provide any explanation. Under Kenyan law, non-consummation is a valid ground for annulment. The absence of any opposition or evidence from the Respondent further supported the Petitioner’s case. Therefore, the court granted the petition for annulment and ordered the dissolution of the marriage.
Court Disposition
petition granted; marriage annulled
Orders
- The marriage between the Petitioner and Respondent is dissolved.
- A decree nisi shall issue forthwith to be made absolute after thirty days.
Full Case Text
Judgment text and source record
10 paragraphs
M.J.K........................................................................................PETITIONER
VERSUS
I.N.O.......................................................................................RESPONDENT
JUDGMENT
This is a petition for annulment of the marriage between the Petitioner and the Respondent. The facts of the case are that on 6th July 2004 the parties married each other at a marriage ceremony conducted in the Registrar of Marriage Office in Nairobi. At the wedding reception following that marriage another woman appeared and claimed to be the girlfriend of the Respondent. Upon the Petitioner’s enquiry the Respondent admitted that was his girlfriend, abandoned the Petitioner and went to Kisii remarking that he would explain later. He has never offered any explanation and the marriage has never been consummated. In the circumstances the Petitioner prays the same be annulled.
Though served the Respondent did not file any answer or other documents in opposition to the petition. The Petitioner therefore took directions and was formally allowed to prove her petition.At the hearing she reiterated the averments in her petition as summarized here above.
Having considered the Petitioner’s uncontroverted testimony I am satisfied that her marriage to the Respondent has not been consummated. Consequently I grant this petition and declare that the marriage between the Petition and Respondent be and is hereby dissolved. A decree nisi shall issue forthwith to be made absolute after thirty days.
DATED and delivered this 23rd June 2011.
D.K. MARAGA
JUDGE