[2020] KEHC 7497 (KLR)
The court found, based on the evidence and mutual agreement of both parties, that the marriage had irretrievably broken down. Both parties had been separated since June 2016 and neither wished to continue the relationship. The court concluded that the legal threshold for dissolution of marriage under the Marriage...
Source-derived case information.
- Citation
- [2020] KEHC 7497 (KLR)
- Parties
- Petitioner: MNN; Respondent: D RO
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 2 of 2017
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Divorce granted. Decree nisi to issue.
- Judges
- KW Kiarie
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Marriage Act, Separation, Decree Nisi
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
MNN
Petitioner
D RO
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether a decree of divorce should be granted.
Ratio Decidendi
The court found, based on the evidence and mutual agreement of both parties, that the marriage had irretrievably broken down. Both parties had been separated since June 2016 and neither wished to continue the relationship. The court concluded that the legal threshold for dissolution of marriage under the Marriage Act had been met and granted the divorce.
Court Disposition
Divorce granted. Decree nisi to issue.
Orders
- Divorce granted.
- Decree nisi to issue.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
DIVORCE CAUSE NO. 2 OF 2017
MNN.................................................. PETITIONER
VERSUS
D RO.............................................. RESPONDENT
JUDGMENT
1. The petitioner and the respondent in this matrimonial cause contracted a civil marriage under the Marriage Act, Cap. 150 laws of Kenya.
2. Both testified that their marriage was solemnized on 1st August 2008 at the District Commissioner’s office, Busia. A copy of marriage certificate to that effect was produced.
3. The duo also agree that they separated in June 2016 and none is interested in the relationship which each described as having irretrievably broken down. Each blamed the other for the breakdown.
4. From the evidence on record, it is abundantly clear that the marriage between the petitioner and the respondent has irredeemably broken down.
5. I accordingly allow the divorce. Decree nisi to issue. Each party to shoulder own costs. Right of appeal within 30 days.
DELIVERED and SIGNED at BUSIA this 11 day of March 2020
KIARIE WAWERU KIARIE
JUDGE