[2019] KEHC 100 (KLR)
The court found that the respondent's conduct—cruelty, irresponsibility, and failure to provide—constituted valid grounds for dissolution of marriage under Islamic law. The respondent's absence and failure to contest the petition further supported the petitioner's claims. The court held that the respondent is...
Source-derived case information.
- Citation
- [2019] KEHC 100 (KLR)
- Parties
- Applicant: SGK; Respondent: BMB
- Court
- High Court
- Court Station
- High Court at Marsabit
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 49 of 2019
- Procedural Posture
- Divorce Petition / Ex Parte Judgment
- Outcome
- Petition allowed. Marriage dissolved. Financial orders granted against respondent.
- Legal Topics
- Dissolution of Marriage, Dowry Payment, Child Maintenance, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SGK
Applicant
BMB
Respondent
Procedural Posture
Divorce Petition / Ex Parte Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be dissolved under Islamic law.
- 2 Whether the respondent is liable to pay dowry (mahr) to the petitioner.
- 3 Whether the respondent should pay maintenance for the children and reimburse expenses incurred by the petitioner’s brother.
Ratio Decidendi
The court found that the respondent's conduct—cruelty, irresponsibility, and failure to provide—constituted valid grounds for dissolution of marriage under Islamic law. The respondent's absence and failure to contest the petition further supported the petitioner's claims. The court held that the respondent is obligated to pay the outstanding dowry (mahr), reimburse the petitioner's brother for expenses incurred as guardian, and pay maintenance for the children, as these are duties imposed by both Islamic and Kenyan family law. The dissolution of marriage was granted, and financial orders were made to ensure the welfare of the petitioner and the children.
Court Disposition
Petition allowed. Marriage dissolved. Financial orders granted against respondent.
Orders
- The marriage between the petitioner and respondent is dissolved.
- The respondent shall pay all expenses incurred by the petitioner's brother, totaling KES 50,000.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE SENIOR RESIDENT KADHI’S COURT AT MARSABIT
DIVORCE CASE NO. 49 OF 2019
SGK ..................................................................PETITIONER
VS
BMB (Administration Police
Constable, Personnel No. [....].......................RESPONDENT
EX PARTE JUDGEMENT
The applicant filled suit against the defendant who were legally married according to Islamic (Sharia) on 2nd July 2007 in Nairobi. The marriage was consummated with three children namely, ZB 11 years old, SB 6 years old lastly MB who is 8 months old. At first the marriage was good, till the defendant started changing gradually consuming alcohol, coming home late hours of the night, one time the defendant started becoming cruel to the petitioner. She finds life difficult to stay with the respondent. She started looking for ways to escape. She ran from the respondent matrimonial home in Mombasa to Marsabit where she stays with her brother who took the responsibility as the guardian.
On 20th August 2019, the petitioner filed a petition against the respondent who was duly served through the competent Court Process Server on
28th August 2019, at exactly 12. 33pm whereby the respondent signed the summons to enter appearance, the Divorce petition and verifying affidavit therewith, after 15 days of the service, the petitioner accompanied with her brother and PW1 to enter – exparte hearing on 17th September 2019.
In their prayer the petitioner prays for the following;-
1) Payment of dowry
2) Dissolution of marriage
3) E allowance
4) Payment of all the expenses incurred by her brother since she left her matrimonial home.
CONCLUSION
The respondent is irresponsible, who cannot even take care of his children; since the petitioner left her matrimonial home after even being served through the competent Court Process Server he never thought of coming and tell the court the truth on his side of this case.
Therefore on hearing the complains raised against him the court has ordered the following:-
1) Dissolution of marriage: The marriage between the petitioner and the respondent has been dissolved.
2) The respondent to pay all the expenses incurred by the petitioner’s brother, who took her responsibility as the guardian and took her children to private schools and pay the school fees plus other expenses which adds up to Kshs. 50,000/=, to confirm all this the petitioner brought all the receipt before the court as confirmation.
3) The respondent to pay the dowry (Mahr) of Kshs. 30,000/=, before the end of this month.
4) The respondent to pay maintenance of his children for the past two months which is Kshs. 20,000/= monthly. The respondent has to pay Kshs. 120,000/= in total.
Failure to adhere to above order he is liable to imprisonment for a period not less than six months.
Judgement delivered on 1st of October 2019, in the presence of:-
- The petitioner.
- C/A; Qabale
CC:-
- Respondent
- County Police Commander - Marsabit County
- County Police Commander - Mombasa County
HON. ADAN I. TULLU
SENIOR RESIDENT KADHI
MARSABIT LAW COURT