[2014] KEHC 8398 (KLR)
The court found that the marriage between the petitioner and respondent was not consummated, as the parties lived separately for the two days they were together after the marriage and have since lived apart. The respondent's refusal to allow the petitioner to join him in London further demonstrated the lack of...
Source-derived case information.
- Citation
- [2014] KEHC 8398 (KLR)
- Parties
- Petitioner: R N; Respondent: J S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 210 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage declared null and void
- Judges
- AO Muchelule
- Legal Topics
- Nullity of Marriage, Non Consummation, Marriage Act, Separation, Absence of Cohabitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R N
Petitioner
J S
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be declared null and void due to lack of consummation.
- 2 Whether the absence of cohabitation and refusal by the respondent to allow the petitioner to join him constitutes grounds for nullity.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent was not consummated, as the parties lived separately for the two days they were together after the marriage and have since lived apart. The respondent's refusal to allow the petitioner to join him in London further demonstrated the lack of cohabitation and intention to consummate the marriage. As there was no challenge to the petitioner's evidence, the court declared the marriage null and void on the basis of non-consummation.
Court Disposition
petition allowed; marriage declared null and void
Orders
- The marriage between the petitioner and respondent is declared null and void.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 210 OF 2013
R N..........................………….PETITIONER
VERSES
J S.............................…......RESPONDENT
JUDGMENT
The petitioner R N and respondent J S got married on 28th May 2012 under the Marriage Act (Cap 150). Two days after the marriage in Nairobi, the respondent left for London in the U.K. and has not returned since. For the two days that the couple was in Kenya, the marriage was not consummated as the parties were living separately. The couple has since lived apart. The respondent has refused that the petitioner follows him to London.
The evidence of the petitioner was unchallenged as there was no response to the petition.
On basis of lack of consummation, the marriage between the petitioner and the respondent is declared null and void.
DATED and DELIVERED at NAIROBI this 17th July 2014.
A.O. MUCHELULE
JUDGE