[2015] KEHC 2508 (KLR)
The court found that the evidence presented by both parties established irretrievable breakdown of the marriage, with allegations and counter-allegations of desertion and lack of support. The court was satisfied that the grounds for dissolution had been met, particularly desertion, and that the marriage could not be...
Source-derived case information.
- Citation
- [2015] KEHC 2508 (KLR)
- Parties
- Petitioner: P M M; Respondent: S W M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 88 of 2008
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- marriage dissolved
- Legal Topics
- Divorce, Matrimonial Offences, Desertion, Custody of Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
P M M
Petitioner
S W M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner, constituting grounds for divorce.
- 2 Whether the petitioner is entitled to dissolution of marriage based on the evidence presented.
- 3 Whether the court should make orders regarding custody and maintenance of the children.
Ratio Decidendi
The court found that the evidence presented by both parties established irretrievable breakdown of the marriage, with allegations and counter-allegations of desertion and lack of support. The court was satisfied that the grounds for dissolution had been met, particularly desertion, and that the marriage could not be salvaged. The court declined to make orders regarding the children, noting that such matters were already before the Children’s Court, which has the appropriate jurisdiction and expertise to handle issues of custody and maintenance. Accordingly, the marriage was dissolved, and all issues concerning the children were referred to the Children’s Court.
Court Disposition
marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 10th December 2004 is dissolved.
- All issues touching on the custody and maintenance of the children of the dissolved marriage shall be addressed to the Children’s Court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 88 OF 2008
BETWEEN
P M M…….....…….…..PETITIONER
AND
S W M ……..………… RESPONDENT
JUDGEMENT
2. The couple thereafter cohabited at Dar es Salaam, Tanzania, and Nairobi, Kenya, as husband and wife. They were blessed with two children – B M , born on October 2005, and E M , born on March 2007.
4. On desertion, it is pleaded that between October 2007 and December 2007 she left the matrimonial home to an unknown destination. She is also said to have had deserted the petitioner in 2005.
6. The petition was served on the respondent, who entered appearance and filed an answer to the petition She denies the allegations made in the petition, and avers that contrary to what is pleaded in those papers the respondent had always been supportive of the petitioner and the children of the marriage, and it was in fact the petitioner who was given to keeping the company of his mother and friends instead of being with his wife and children. She denies the allegation that she deserted the petitioner, saying that it was the petitioner who wilfully deserted the family and went to live with his mother.
8. The petitioner testified on 20th April 2010 and gave vent to the allegations made in his petition. Giving details of the allegations made by him in his petition against the respondent and he was subjected to cross-examination. The respondent, on her part, testified on 16th October 2014. She also breathed life to the allegations of fact made in her answer to the petition. She too was cross-examined. Thereafter the parties, through counsel, filed written submissions where they summarised their respective cases.
10. I note that the issues touching on the children are the subject of parallel proceedings pending at the Children’s Court. That came out from the testimony of the respondent. The Children’s Court is vested with a broad jurisdiction on children’s matter and is therefore more suited to handle disputes relating to children. I shall therefore make no orders at touching on the children of the marriage.
I hereby dissolve the marriage celebrated between the petitioner and respondent on 10th December 2004;
All issues touching on the custody and maintenance of the children of the dissolved marriage shall be addressed to the Children’s Court; and
DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF SEPTEMBER, 2015.
JUDGE
In the presence of …………………. advocate for the respondent.