[2021] KEHC 12838 (KLR)
The court found that the marriage between the petitioner and respondent had broken down irretrievably, as demonstrated by the absence of conjugal relations since 2017, physical separation since September 2019, and unsuccessful reconciliation efforts. The evidence was uncontested, and the court accepted the...
Source-derived case information.
- Citation
- [2021] KEHC 12838 (KLR)
- Parties
- Petitioner: RSGL; Respondent: AAVL
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 1 of 2020
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved.
- Judges
- AO Muchelule
- Legal Topics
- Dissolution of Marriage, Irretrievable Breakdown, Conjugal Rights, Separation, Decree Nisi
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RSGL
Petitioner
AAVL
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 marriage between the petitioner and respondent had broken down irretrievably, as demonstrated by the absence of conjugal relations since 2017, physical separation since September 2019, and unsuccessful reconciliation efforts. The evidence was uncontested, and the court accepted the petitioner's testimony. Consequently, the court held that the legal threshold for dissolution of marriage under Kenyan law had been met and granted the petition for divorce.
Court Disposition
Petition allowed. Marriage dissolved.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi shall issue and become absolute in 30 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 1 OF 2020
RSGL................................................................................................PETITIONER
VERSUS
AAVL..............................................................................................RESPONDENT
JUDGMENT
1. These divorce proceedings proceeded as undefended. The evidence of the petitioner RSGL was therefore not controverted. I accept the same.
2. The petitioner RSGL and respondent AAVL married on 7th May 2011 at [Particulars withheld] Church, London, United Kingdom on 7th May 2011. They now live in Nyeri Kenya. They have twins who were born on 18th May 2015.
3. On 5th January 2020 the petitioner filed this petition seeking the dissolution of the marriage on the ground that the marriage has broken down irretrievably. He testified before the court that since 2017 they have had no conjugal relationship, and that since 1st September 2019 they live separately. In July 2013 they travelled to London at the instance of the petition and met the respondent’s mother and sister in bid to have them reconcile. It did not work. The petitioner stated that they cannot agree on anything and that compensation has broken down.
4. It is evident that the marriage between the petitioner and the respondent has broken down beyond repair owing to irreconcilable difference. I allow the petition and order the dissolution of the marriage between the two.
5. Decree nisi shall issue and become absolute in 30 days.
DATED and DELIVERED at NAIROBI this 29TH APRIL 2021.
A.O. MUCHELULE
JUDGE