[2015] KEHC 792 (KLR)

[2015] KEHC 792 (KLR)

The court found that the respondent deserted the petitioner and has not been seen or communicated for over eight years, which constitutes irretrievable breakdown of the marriage under Kenyan law. The respondent's drug abuse and violent conduct further contributed to the breakdown. The petitioner proved his case on a balance of probabilities, and the marriage, having ceased to exist in substance, was dissolved. Each party was ordered to bear their own costs.

Citation
[2015] KEHC 792 (KLR)
Parties
Petitioner: S. M.; Respondent: J. M.
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
8 December 2015
Case Number
Divorce Cause 15 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
SJ Chitembwe
Legal Topics
Dissolution of Marriage, Desertion, Irretrievable Breakdown, Matrimonial Offences
Source Language
English
Family and Children Dissolution of Marriage Desertion Irretrievable Breakdown Matrimonial Offences

Case Brief

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Parties

S. M.

Petitioner

J. M.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down irretrievably.
  2. 2 Whether the respondent deserted the petitioner, justifying dissolution of marriage under Kenyan law.

Ratio Decidendi

The court found that the respondent deserted the petitioner and has not been seen or communicated for over eight years, which constitutes irretrievable breakdown of the marriage under Kenyan law. The respondent's drug abuse and violent conduct further contributed to the breakdown. The petitioner proved his case on a balance of probabilities, and the marriage, having ceased to exist in substance, was dissolved. Each party was ordered to bear their own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is hereby dissolved.
  • A decree nisi to issue.