[2017] KEHC 9080 (KLR)

[2017] KEHC 9080 (KLR)

The court found that the parties were married for all purposes, having cohabited and held themselves out as husband and wife. Both parties acknowledged that they had lived apart for over 14 years and had no conjugal relationship since separation. Under the Marriage Act No. 4 of 2014, irretrievable breakdown of marriage is a sufficient ground for divorce. The court determined that the marriage had irretrievably broken down and ordered its dissolution. Each party was ordered to bear their own costs.

Citation
[2017] KEHC 9080 (KLR)
Parties
Petitioner: R.G.N.; Respondent: J.K.N.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 June 2017
Case Number
Divorce Cause 100 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
AO Muchelule
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Cruelty, Desertion, Adultery
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Cruelty Desertion Adultery

Case Brief

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Parties

R.G.N.

Petitioner

J.K.N.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether grounds of cruelty, desertion, or adultery are established for dissolution of marriage.
  3. 3 Whether the relationship constitutes a marriage recognisable in law.

Ratio Decidendi

The court found that the parties were married for all purposes, having cohabited and held themselves out as husband and wife. Both parties acknowledged that they had lived apart for over 14 years and had no conjugal relationship since separation. Under the Marriage Act No. 4 of 2014, irretrievable breakdown of marriage is a sufficient ground for divorce. The court determined that the marriage had irretrievably broken down and ordered its dissolution. Each party was ordered to bear their own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Each party shall bear their own costs.