[2018] KEHC 9827 (KLR)

[2018] KEHC 9827 (KLR)

The court found that although the petitioner was uncertain about the marriage at the time, she entered into it of her own free will, and thus the ground of lack of consent was not established. However, the court accepted the unchallenged evidence that the marriage was not consummated and that the parties had irreconcilable differences, leading to their separation shortly after the wedding. The court concluded that the marriage had irretrievably broken down and, given the non-consummation and the parties' separation since October 2017, there was sufficient basis to annul the marriage. The court therefore annulled the marriage as sought by the petitioner.

Citation
[2018] KEHC 9827 (KLR)
Parties
Petitioner: S S; Respondent: P MP
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 November 2018
Case Number
Divorce Cause 2 of 2018
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage annulled; each party to bear own costs.
Judges
A Ali-Aroni
Legal Topics
Annulment of Marriage, Non Consummation, Irretrievable Breakdown, Lack of Consent
Source Language
English
Family and Children Annulment of Marriage Non Consummation Irretrievable Breakdown Lack of Consent

Case Brief

Summary, issues, holding and outcome

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Parties

S S

Petitioner

P MP

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent should be annulled.
  2. 2 Whether the marriage lacked consent or was not consummated.
  3. 3 Who should bear the costs of the suit.

Ratio Decidendi

The court found that although the petitioner was uncertain about the marriage at the time, she entered into it of her own free will, and thus the ground of lack of consent was not established. However, the court accepted the unchallenged evidence that the marriage was not consummated and that the parties had irreconcilable differences, leading to their separation shortly after the wedding. The court concluded that the marriage had irretrievably broken down and, given the non-consummation and the parties' separation since October 2017, there was sufficient basis to annul the marriage. The court therefore annulled the marriage as sought by the petitioner.

Court Disposition

Marriage annulled; each party to bear own costs.

Orders

  • The marriage between the petitioner and respondent solemnised on 11th April 2017 is annulled.
  • Each party to meet his/her own costs.