[2014] KEHC 8392 (KLR)
The court found that the petitioner had provided undisputed evidence that the marriage was never consummated due to the respondent's incapacity to get an erection. This incapacity to consummate the marriage is a statutory ground for nullity under section 14(1)(a) of the Matrimonial Causes Act. As there was no...
Source-derived case information.
- Citation
- [2014] KEHC 8392 (KLR)
- Parties
- Petitioner: R W W; Respondent: E W K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 51 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Decree of nullity granted.
- Judges
- AO Muchelule
- Legal Topics
- Nullity of Marriage, Non Consumation, Matrimonial Causes, Incapacity to Consummate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R W W
Petitioner
E W K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be declared a nullity due to incapacity to consummate the marriage.
Ratio Decidendi
The court found that the petitioner had provided undisputed evidence that the marriage was never consummated due to the respondent's incapacity to get an erection. This incapacity to consummate the marriage is a statutory ground for nullity under section 14(1)(a) of the Matrimonial Causes Act. As there was no evidence to the contrary, the court held that the marriage was voidable and granted a decree of nullity.
Court Disposition
Decree of nullity granted.
Orders
- The marriage between the petitioner and the respondent is declared a nullity.
- A decree of nullity shall issue.
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. 51 OF 2014
R W W…………….………....…....PETITIONER
VERSUS
E W K..….…………..............… RESPONDENT
JUDGMENT
1. The petitioner and the respondent got married on 27th May 1988 at the Registrar’s office in Nairobi and lived together in Nairobi and Kirinyaga. They have lived apart since 1993 when the respondent deserted the matrimonial home.
2. The undisputed evidence by the petitioner was that during all the period that the couple lived together, the marriage was not consummated. This was because the respondent was incapable of getting an erection. The couple could not therefore have children.
3. Under section 14(1)(a) of the Matrimonial Causes Act (Cap 152) where either party is incapable of consummating the marriage that is a ground on which a decree of nullity of marriage may be issued.
4. On the evidence tendered by the petitioner it is ordered that the marriage between the petitioner and the respondent is a nullity. A decree of nullity shall consequently issue.
DATED and DELIVERED at NAIROBI this 3rd July, 2014
A.O. MUCHELULE
JUDGE