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Kenya decisions
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JJC v RJ [2024] KEHC 5491 (KLR)
High Court appeal in a divorce matter allowed after the court found the marriage had irretrievably broken down and dissolved it.
EJM v CKR [2024] KEHC 902 (KLR)
The court found that the applicant failed to satisfy the conditions for grant of stay of execution pending appeal as set out in Order 42 Rule 6(2) of the Civil Procedure Rules. Specifically, the substratum of the proceedings—the marriage—had ceased to exist upon issuance and registration of the decree absolute, making preservation by stay impossible. The parties had been separated for over seven years, and the court was not persuaded that substantial loss would be occasioned to the applicant if stay was not granted. The application was filed without undue delay, but this alone was insufficien…
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EOO v EWN [2023] KEHC 26470 (KLR)
The High Court at Eldoret dissolved a marriage after finding the Respondent’s evidence of desertion, cruelty, and lack of companionship established irretrievable breakdown.
KPO v DMK [2023] KEHC 201 (KLR)
The High Court dissolved a marriage after finding it had irretrievably broken down, and made no fresh child orders because Children’s Court orders already governed custody and access.
VK v NGM [2023] KEHC 3317 (KLR)
The High Court found that the evidence established a significant and prolonged separation between the parties, with the respondent having left the matrimonial home in 2018 and no cohabitation since. The appellant's allegations of adultery, cruelty, and neglect were not controverted by the respondent, who failed to participate in the appeal. The court considered the history of the relationship, including failed reconciliation attempts and ongoing antagonism, mistrust, and unhappiness. Applying the principles from Kamweru v Kamweru, the court concluded that the marriage had irretrievably broken…
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EKO v KON [2022] KEHC 2122 (KLR)
The court found that the respondent deserted the petitioner and their children in 2000, relocating abroad without notice or subsequent contact for over twenty years. This conduct constituted desertion for more than three years and demonstrated irretrievable breakdown of the marriage under Section 66 of the Marriage Act, 2014. The court noted that the petition was filed more than ten years after the last contact, and the respondent failed to participate in the proceedings despite proper service. The prayer for custody was overtaken by events as the children were now adults. The court concluded…
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SKC v FKK [2021] KEHC 6710 (KLR)
High Court at Malindi allowed a divorce appeal, finding proved desertion for over seven years and holding the marriage had irretrievably broken down.
CRVH v KSVH [2021] KEHC 12697 (KLR)
The High Court dissolved an undefended marriage after finding proved cruelty and irretrievable breakdown. No order as to costs was made.
DMM v MHM aka NM [2021] KEHC 12660 (KLR)
The High Court allowed a divorce appeal, holding that the marriage had irretrievably broken down where both spouses admitted the breakdown and had long lived separately.
DO v MNO [2020] KEHC 10079 (KLR)
The High Court dissolved the parties’ marriage after finding it had irretrievably broken down, with both sides agreeing they had lived apart since 2005.
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