[2017] KEHC 8814 (KLR)

[2017] KEHC 8814 (KLR)

The court found that the Petitioner’s uncontroverted testimony established the grounds of cruelty, adultery, and desertion as required under Section 66(2) of the Marriage Act, 2014. The Respondent’s conduct, including brutality, failure to provide, adultery, and abandonment since 2012, demonstrated that the marriage had irretrievably broken down. The court was satisfied that there was no hope for reconciliation and that the legal threshold for dissolution of a civil marriage had been met. Accordingly, the court granted a decree of divorce and directed that the issue of custody of the children be determined by the Children’s Court, which has the appropriate jurisdiction.

Citation
[2017] KEHC 8814 (KLR)
Parties
Petitioner: W N K; Respondent: E W N
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
12 May 2017
Case Number
Divorce Cause 12 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
M Thande
Legal Topics
Divorce, Custody of Children, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Custody of Children Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

W N K

Petitioner

E W N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the grounds of cruelty, adultery, and desertion have been established to warrant dissolution of the marriage.
  2. 2 Whether the marriage has irretrievably broken down under Section 66(2) of the Marriage Act, 2014.
  3. 3 Whether the Petitioner is entitled to custody of the children.

Ratio Decidendi

The court found that the Petitioner’s uncontroverted testimony established the grounds of cruelty, adultery, and desertion as required under Section 66(2) of the Marriage Act, 2014. The Respondent’s conduct, including brutality, failure to provide, adultery, and abandonment since 2012, demonstrated that the marriage had irretrievably broken down. The court was satisfied that there was no hope for reconciliation and that the legal threshold for dissolution of a civil marriage had been met. Accordingly, the court granted a decree of divorce and directed that the issue of custody of the children be determined by the Children’s Court, which has the appropriate jurisdiction.

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree of divorce is granted dissolving the marriage between the Petitioner and the Respondent solemnized at the Registrar’s Office in Mombasa on 28.7.08.
  • Decree nisi to issue and to be made absolute within 1 month.