[2004] KEHC 1720 (KLR)

[2004] KEHC 1720 (KLR)

The court found that the respondent had contracted another marriage while still married to the petitioner, constituting bigamy and adultery, and had deserted the petitioner for more than three years. The court was satisfied that these acts were not condoned by the petitioner and that the petition was not filed through collusion. On this basis, the court held that sufficient grounds existed for the dissolution of the marriage. The petitioner was also granted custody of the minor child and awarded costs of the petition.

Citation
[2004] KEHC 1720 (KLR)
Parties
Petitioner: Martha Kanana Kirimania; Respondent: A.O.W
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 January 2004
Case Number
? 117 of 2001
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Dissolution of Marriage, Desertion, Bigamy, Custody of Children
Source Language
English
Family and Children Dissolution of Marriage Desertion Bigamy Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

Martha Kanana Kirimania

Petitioner

A.O.W

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct of marrying another woman while still married to the petitioner constitutes grounds for dissolution of marriage.
  2. 2 Whether the respondent's desertion of the petitioner for more than three years justifies dissolution of marriage.
  3. 3 Whether the petitioner is entitled to custody of the minor child and costs.

Ratio Decidendi

The court found that the respondent had contracted another marriage while still married to the petitioner, constituting bigamy and adultery, and had deserted the petitioner for more than three years. The court was satisfied that these acts were not condoned by the petitioner and that the petition was not filed through collusion. On this basis, the court held that sufficient grounds existed for the dissolution of the marriage. The petitioner was also granted custody of the minor child and awarded costs of the petition.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized on 2nd July, 1993 between the petitioner and respondent is dissolved.
  • The petitioner shall have custody of the minor child of the marriage.