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Kenya decisions
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MTM v SNM [2024] KEHC 8241 (KLR)
The High Court at Narok dissolved a marriage after finding cruelty, desertion, and irretrievable breakdown. Each party was ordered to bear their own costs.
Silas & another v Kathambi & 2 others [2024] KEMC 5 (KLR)
The court held that the second wife, Sarah Kathambi, should bury the deceased because she was closer to him in his final years, despite the first wife’s customary claim.
CKK v MMM [2023] KEMC 52 (KLR)
An undefended divorce petition was allowed after the court found the marriage had irretrievably broken down and that desertion had been established.
APK v JMK [2023] KEMC 39 (KLR)
The court found that the marriage had irretrievably broken down as contemplated under section 65 of the Marriage Act, 2014. The evidence showed a prolonged period of physical separation, high levels of antagonism, and a clear lack of intention by either party to salvage the marriage. The court relied on established legal principles that marriage is a voluntary union and cannot be sustained by compulsion. As such, the grounds for divorce were satisfied and the petition was allowed.
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BAN v CBK [2023] KEMC 25 (KLR)
The court found that the petitioner had established the grounds for dissolution of the marriage under section 65 of the Marriage Act, 2014, specifically irretrievable breakdown and desertion. The evidence showed a lack of intention to salvage the marriage and a period of physical separation. The court emphasized that marriage is a voluntary union and that it cannot compel parties to remain married when one party seeks dissolution. The petition was allowed, and the marriage was dissolved.
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NMK v SMN [2023] KEMC 45 (KLR)
An undefended divorce petition was allowed on grounds of cruelty and irretrievable breakdown. The court dissolved the marriage and ordered each party to bear own costs.
CKB v MSB [2023] KEMC 22 (KLR)
The court dissolved a Christian marriage after finding irretrievable breakdown and cruelty under section 65 of the Marriage Act, 2014.
BKM v TPW [2023] KEMC 42 (KLR)
The court found that the petitioner had established the grounds of irretrievable breakdown and cruelty as required under section 65 of the Marriage Act, 2014. The evidence showed a prolonged period of separation, high levels of antagonism, and a clear lack of intention by both parties to salvage the marriage. The court relied on established case law affirming that marriage is a voluntary union and that courts cannot compel unwilling parties to remain married. Consequently, the court allowed the petition and ordered the dissolution of the marriage, issuing a decree nisi to be made absolute in…
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MKC v JCW [2023] KEMC 48 (KLR)
The court found that the petitioner had established the grounds of irretrievable breakdown and desertion as required under section 65 of the Marriage Act, 2014. The evidence showed that the parties had been physically separated and there was no intention to reconcile. The respondent did not contest the petition, and the court accepted the petitioner's unchallenged evidence. The court emphasized that marriage is a voluntary union and it cannot compel parties to remain married when one party seeks dissolution. Accordingly, the court granted the order for dissolution of the marriage.
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MKN v DOO [2023] KEMC 40 (KLR)
The court found that the marriage had irretrievably broken down, as evidenced by the unequivocal positions of both parties and the particulars of cruelty outlined in the petition. The court noted the absence of any intention to salvage the marriage and the prolonged separation and antagonism between the parties. Applying section 66 of the Marriage Act, 2014, and relevant case law, the court held that it cannot compel two adults to remain in a marriage where there is no mutual desire to continue the union. Consequently, the court granted the divorce as prayed.
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