[2000] KEHC 225 (KLR)
The court found that the petitioner had proved her case for dissolution of marriage on the grounds of cruelty and desertion. The respondent failed to defend the petition or participate in the proceedings. The evidence showed that the respondent deserted the petitioner without reasonable cause, failed to establish a...
Source-derived case information.
- Citation
- [2000] KEHC 225 (KLR)
- Parties
- Applicant: Susan Kagwiria Kirimi; Respondent: Japhet Kirimi Mburugu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 62 of 1999
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- Petition allowed. Marriage dissolved. Custody of children granted to petitioner.
- Legal Topics
- Divorce, Custody of Children, Cruelty, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Kagwiria Kirimi
Applicant
Japhet Kirimi Mburugu
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the petitioner has established grounds for dissolution of marriage based on cruelty and desertion.
- 2 Whether the petitioner is entitled to custody of the children of the marriage.
- 3 Whether the respondent should bear the costs of the proceedings.
Ratio Decidendi
The court found that the petitioner had proved her case for dissolution of marriage on the grounds of cruelty and desertion. The respondent failed to defend the petition or participate in the proceedings. The evidence showed that the respondent deserted the petitioner without reasonable cause, failed to establish a matrimonial home, and engaged in conduct amounting to cruelty. The court was satisfied that the marriage had irretrievably broken down and that the petitioner was entitled to the orders sought, including custody of the children.
Court Disposition
Petition allowed. Marriage dissolved. Custody of children granted to petitioner.
Orders
- The marriage between the petitioner and respondent solemnized on 24th August 1993 is dissolved.
- Custody of the children is granted to the petitioner.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT DIVORCE CASE NO.62 OF 1999
SUSAN KAGWIRI KIRIMI ………………………………… PETITIONER
VERSUS
JAPHET KIRIMI MBURUGU ……………………………. RESPONDENT
J U D G M E N T
On the 24th august, 1993 the Petitioner Susan Kagwiria Kirimithen a Spinster was lawfully Married to Japheth Kirimi Mburugu then a Bachelor under the African Christian Marriage of Divorce Act. The Marriage was solemnized at Katheri Methodist Church in Meru. After the said Marriage the Petitioner and the Respondent lived and cohabited at Othaya in Nyeri for about 3 years from August, 1993 up to about 1995 when the Respondent deserted the Petitioner without reasonable cause. During their Marriage the couple was blessed with one issue by the name Diana Makenaborn on 11th August, 1994 and the Petitioner had one issue by the nameMelody Gatwiriwho she got out of a wed lock from another man.
The Petitioner by this petition prays that the court shall decree:
(a) That the said Marriage be dissolved
(b) That she may have custody of the said two issues of the Marriage.
(c) That the Respondent be condemned in the costs of the proceedings.
She cited cruelty and desertion as the grounds for dissolution of her Marriage. In her evidence she told the court that the Respondent did not establish a matrimonial home and whenever he visited her at Othaya, on some weekends he was always drunk and would go to bed fully dressed and with his shoes on and nag the Petitioner for the whole period of his visit The respondent was served but he never defendant the Petitioner. The Petitioner has proved her petition and the court decrees that the Marriage between the Respondent, which was solemnized at Katheri Methodist Church on 24th August 1993 is hereby dissolved. She keeps the custody of the children.
The decree nisi issues and decrees absolute to issue within 30 days.
Order accordingly.
Dated and delivered at Nairobi this 8th day of March, 2000
J.L.A OSIEMO
JUDGE