[2014] KEHC 3410 (KLR)
The court found that the respondent had deserted the petitioner for thirteen years and denied her conjugal rights, with no evidence of collusion or condonation. The allegations remained uncontroverted as the respondent failed to respond or present evidence. The court concluded that the marriage had irretrievably...
Source-derived case information.
- Citation
- [2014] KEHC 3410 (KLR)
- Parties
- Petitioner: M K K; Respondent: C N M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 189 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed; marriage dissolved.
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Desertion, Denial of Conjugal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M K K
Petitioner
C N M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner for a continuous period of thirteen years.
- 2 Whether the petitioner was denied conjugal rights by the respondent.
- 3 Whether the marriage has irretrievably broken down.
Ratio Decidendi
The court found that the respondent had deserted the petitioner for thirteen years and denied her conjugal rights, with no evidence of collusion or condonation. The allegations remained uncontroverted as the respondent failed to respond or present evidence. The court concluded that the marriage had irretrievably broken down and that the petitioner was entitled to a decree of divorce.
Court Disposition
Petition allowed; marriage dissolved.
Orders
- The marriage celebrated between the petitioner and respondent on 6th March 1999 is hereby dissolved.
- Decree nisi shall issue forthwith and may be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 189 OF 2013
BETWEEN
M K K……………......…..................….…..PETITIONER
AND
C N M….…………………......................RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 6th March 1999 at the Mashariki Kingdom Hall, Nairobi, under the Marriage Act, Cap. 150, Laws of Kenya. The marriage certificate issued serial number [particulars withheld] is attached to the petition. The couple thereafter cohabited at Athi River in Kenya, as husband and wife. The couple was blessed with issue – N N, born on 3rd April 1997.
The petition in this matter was filed in court on 29th August 2013. The petitioner accuses the respondent of desertion and denial of conjugal rights. The particulars being that the respondent had deserted the petitioner for the last thirteen years, during which period the petitioner did not enjoy conjugal rights with her.
The petition was served on the respondent on 11th October 2013, as evident from the affidavit of service sworn on 11th October 2013 by Josphat Simion Mutunga. She did not enter appearance nor file an answer to the petition nor a cross-petition. On 13th February 2014 the matter was cleared by the registrar to proceed for hearing as an undefended cause.
As there is no reply to the petition, the petitioner’s allegations, as made in the petition, remain uncontroverted.
The petitioner testified on 8th May 2014 and gave vent to the allegations made in his petition. No counter evidence was given by the respondent, and therefore the petitioner’s story was not controverted.
It would appear to me that the marriage between the parties herein has irretrievably broken down. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings. There is also no evidence that the petitioner has condoned the desertion.
The orders that I am disposed to make are as follows:-
That I hereby dissolve the marriage celebrated between the petitioner and respondent on 6th March 1999;
Decreenisi shall issue forthwith, and may be made absolute after thirty (30) days.
There will be no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 31st DAY OF July, 2014.
W. MUSYOKA
JUDGE