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Kenya decisions
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Z N A M E v H A N S [2017] KEHC 8813 (KLR)
The High Court annulled a marriage after finding it had not been consummated and that the petition was filed within one year, as required by the Marriage Act.
J. S. P v S . K. R [2016] KEHC 5216 (KLR)
The High Court dissolved a Hindu marriage after finding the respondent had deserted the matrimonial home for over three years and the marriage had broken down irretrievably.
F K K v A W M [2014] KEHC 8504 (KLR)
The High Court allowed a transfer application, holding that a matrimonial cause under the Marriage Act had to be heard by the High Court, not the Chief Magistrate’s Court.
K I M v D K N [2014] KEHC 614 (KLR)
The High Court dismissed a preliminary objection in a matrimonial dispute, holding it retained jurisdiction over matters filed under the repealed Matrimonial Causes Act.
J M M v D M M [2014] KEHC 3612 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home in January/February 2009 and had not returned for a period exceeding five years. This conduct satisfied the statutory ground of desertion under section 66 of the Marriage Act, 2014, establishing that the marriage had irretrievably broken down. The absence of any response or challenge from the respondent left the petitioner’s evidence uncontroverted. The court was satisfied that the legal requirements for dissolution of the marriage had been met and therefore granted…
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