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Kenya decisions
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CMM v KM-P [2023] KEMC 35 (KLR)
An undefended divorce petition was allowed after the court found the marriage had irretrievably broken down, with cruelty and desertion also pleaded.
AWB v RMW [2023] KEMC 53 (KLR)
The court found that the petitioner had established the grounds for divorce, specifically cruelty and irretrievable breakdown of the marriage, as outlined in section 66 of the Marriage Act, 2014. The court noted the absence of any intention by either party to salvage the marriage and the length of physical separation. Citing relevant case law, the court emphasized that marriage is a voluntary union and that it cannot compel parties to remain married against their will. As the respondent did not contest the petition, and the evidence was unchallenged, the court concluded that the marriage had…
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VKA v VP [2023] KEMC 56 (KLR)
The court dissolved the marriage between VKA and VP after finding cruelty and irretrievable breakdown under section 66 of the Marriage Act, 2014.
KHAS v JMFG [2023] KEMC 51 (KLR)
The court found that the petitioner had established the irretrievable breakdown of the marriage as required by section 66 of the Marriage Act, 2014. The evidence showed that the parties had no intention of salvaging the marriage, and the respondent did not contest the petition. The court relied on established legal principles that marriage is a voluntary union and that courts cannot force parties to remain married against their will. Accordingly, the court granted the dissolution of the marriage and issued a decree nisi to be made absolute in 30 days.
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ONM v DAM [2023] KEMC 27 (KLR)
An undefended divorce petition was allowed after the court found irretrievable breakdown, cruelty, and disrespect proved under section 66 of the Marriage Act.
FCB v JCK [2023] KEMC 189 (KLR)
The court dissolved a civil marriage after finding cruelty and irretrievable breakdown under section 66 of the Marriage Act, 2014. Each party bore their own costs.
WWG v SDD [2023] KEMC 186 (KLR)
The court dissolved a civil marriage after finding irretrievable breakdown and noting both parties wanted the marriage ended. Each party bore their own costs.
LAT v VOO [2023] KEMC 198 (KLR)
The court dissolved the marriage between LAT and VOO, finding irretrievable breakdown and desertion under section 66 of the Marriage Act, 2014.
LOO v DAO [2023] KEMC 247 (KLR)
The court found that the petitioner had established the grounds for dissolution of marriage as set out in section 66 of the Marriage Act, 2014, specifically irretrievable breakdown, cruelty, and desertion. The court noted the absence of any intention by either party to salvage the marriage and the length of physical separation. Relying on established case law, the court held that marriage is a voluntary union and cannot be sustained by compulsion where one party seeks dissolution. The petition was allowed and the marriage dissolved.
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GLO v ADA [2023] KEMC 238 (KLR)
The court found that the petitioner had established the grounds for dissolution of the marriage as set out in section 66 of the Marriage Act, 2014, specifically irretrievable breakdown, cruelty, and neglect. The court noted the absence of any intention by either party to salvage the marriage and the length of physical separation. Relying on established case law, the court held that it cannot compel parties to remain married where one party seeks dissolution. As the respondent did not contest the petition, the court accepted the petitioner's evidence as unchallenged and granted the orders soug…
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