[2013] KEHC 1821 (KLR)

[2013] KEHC 1821 (KLR)

The court found that the marriage between the Petitioner and the Respondent had irretrievably broken down, as evidenced by over ten years of separation and lack of any effort by either party to resume cohabitation. The Petitioner established the matrimonial offence of desertion on a balance of probabilities. Given the circumstances, the court concluded that there was no possibility of salvaging the marriage and granted the decree of divorce. Regarding the child, the court determined that custody should be awarded to the Petitioner, with the Respondent having reasonable access, as both parties had reached an accommodation on this issue. The court made no order as to costs.

Citation
[2013] KEHC 1821 (KLR)
Parties
Petitioner: R K O; Respondent: A E L O
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 June 2013
Case Number
Divorce Cause 21 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved; custody of child to petitioner; reasonable access to respondent; no order as to costs
Judges
LK Kimaru, DN Musyoka
Legal Topics
Divorce, Custody of Children, Matrimonial Offences, Desertion
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Offences Desertion

Case Brief

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Parties

R K O

Petitioner

A E L O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and the Respondent has irretrievably broken down.
  2. 2 Whether the Petitioner is entitled to a decree of divorce on the ground of desertion.
  3. 3 Who should be granted custody of the child of the marriage.

Ratio Decidendi

The court found that the marriage between the Petitioner and the Respondent had irretrievably broken down, as evidenced by over ten years of separation and lack of any effort by either party to resume cohabitation. The Petitioner established the matrimonial offence of desertion on a balance of probabilities. Given the circumstances, the court concluded that there was no possibility of salvaging the marriage and granted the decree of divorce. Regarding the child, the court determined that custody should be awarded to the Petitioner, with the Respondent having reasonable access, as both parties had reached an accommodation on this issue. The court made no order as to costs.

Court Disposition

petition for divorce granted; marriage dissolved; custody of child to petitioner; reasonable access to respondent; no order as to costs

Orders

  • The marriage between the Petitioner and the Respondent celebrated on 4th September 1999 is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.