[2014] KEHC 6422 (KLR)

[2014] KEHC 6422 (KLR)

The court found that the petitioner had established, on a balance of probability, that the respondent was guilty of cruelty and adultery, and had deserted the matrimonial home for a period of four years. The evidence adduced by the petitioner was unchallenged, as the respondent did not participate in the...

Source-derived case information.

Citation
[2014] KEHC 6422 (KLR)
Parties
Applicant: R W K; Respondent: E G
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
10 March 2014
Case Number
Divorce Cause 203 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Custody of Children, Cruelty, Adultery
Source Language
english
Family and Children Divorce Matrimonial Offences Custody of Children Cruelty Adultery

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Summary, issues, holding and outcome

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Parties

R W K

Applicant

E G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for divorce based on cruelty, adultery, and desertion.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to custody of the child of the marriage.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probability, that the respondent was guilty of cruelty and adultery, and had deserted the matrimonial home for a period of four years. The evidence adduced by the petitioner was unchallenged, as the respondent did not participate in the proceedings. The court concluded that the marriage had irretrievably broken down and that the petitioner was entitled to a decree of divorce. The issue of custody of the child was reserved for determination by the children’s court.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage between the petitioner and respondent celebrated on 5th August 2006 is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.