[2014] KEHC 8390 (KLR)
The court found that the parties had lived separately since March 2009 and that there had been no cohabitation or successful reconciliation efforts. The respondent did not contest the petition with evidence. The court held that the marriage had irretrievably broken down and that the petitioner was entitled to a...
Source-derived case information.
- Citation
- [2014] KEHC 8390 (KLR)
- Parties
- Petitioner: R K B; Respondent: O C K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 19 of 2011
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Dissolution of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R K B
Petitioner
O C K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the petitioner is entitled to a decree of divorce.
Ratio Decidendi
The court found that the parties had lived separately since March 2009 and that there had been no cohabitation or successful reconciliation efforts. The respondent did not contest the petition with evidence. The court held that the marriage had irretrievably broken down and that the petitioner was entitled to a decree of divorce. Accordingly, the petition was allowed and the marriage dissolved.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue, to become absolute after 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 19 OF 2011
R K B.............……...….…....PETITIONER
VERSUS
O C K…...….…………… RESPONDENT
JUDGMENT
1. On 11th September 2007 the petitioner R K R married the respondent O C K at the Registrar of Marriages in Nairobi. The couple lived together and cohabited at Golden Gate Estate, South B, Nairobi.
2. On 19th March 2009 the parties parted and since that time they have lived separately. There has been no cohabitation. It is the evidence of the petitioner that the marriage has completely broken down; that attempts to have them reconcile have not been successful.
3. The petition for divorce was filed on 8th February 2011. The respondent filed an answer to the petition and a cross-petition for divorce. She was present in court when the petitioner testified in support of the petition. Both parties were represented. The respondent did not offer any evidence, and neither was the petitioner cross-examined.
4. I find that the marriage between the petitioner and the respondent has irretrievably broken down. I allow the petition and order the dissolution between the petitioner and the respondent. Decree nisi shall issue. The same shall become absolute after 30 days.
DATED and DELIVERED at NAIROBI this 10thJuly, 2014
A.O. MUCHELULE
JUDGE