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Kenya Case Law

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Family And Children [2024] KEHC 6842 (KLR)

GOA v RAA

GOA v RAA [2024] KEHC 6842 (KLR)

The High Court found that the parties had been separated since 2013, a period exceeding the statutory threshold for irretrievable breakdown under section 66(6) of the Marriage Act. The respondent was unequivocal in her desire not to continue the marriage, and the evidence showed both parties had moved on with their lives. The appellant's claims of being denied a fair hearing and opportunity to present his case were found to be unsubstantiated upon review of the trial record. The court held that marriage is a voluntary union and cannot be sustained by compulsion where one party is unwilling. T…

  • Divorce Proceedings
  • Customary Marriage
  • Irretrievable Breakdown
  • Cruelty In Marriage
  • Adultery
  • Separation
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Family And Children [2023] KEMC 39 (KLR)

APK v JMK

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.

  • Dissolution Of Marriage
  • Cruelty
  • Willful Neglect
  • Irretrievable Breakdown
  • Christian Marriage
  • Separation
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Family And Children [2023] KEMC 206 (KLR)

RMK v BNW

RMK v BNW [2023] KEMC 206 (KLR)

The court dissolved the parties’ marriage, finding adultery, cruelty and irreconcilable differences showed irretrievable breakdown under section 65 of the Marriage Act, 2014.

  • Dissolution Of Marriage
  • Adultery
  • Cruelty
  • Irretrievable Breakdown
  • Christian Marriage
  • Separation
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Family And Children [2023] KEMC 102 (KLR)

IOM v CA

IOM v CA [2023] KEMC 102 (KLR)

The court granted a divorce after finding the marriage had irretrievably broken down and noting cruelty allegations, with the respondent absent and the matter undefended.

  • Divorce
  • Cruelty
  • Irretrievable Breakdown
  • Customary Marriage
  • Separation
  • Family Law Procedure
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Family And Children [2022] KEHC 2573 (KLR)

EMK v JNM

EMK v JNM [2022] KEHC 2573 (KLR)

The High Court at Nakuru dissolved a marriage after finding that the spouses had been separated for over ten years and the respondent had not opposed the petition.

  • Dissolution Of Marriage
  • Irretrievable Breakdown
  • Desertion
  • Christian Marriage
  • Customary Marriage
  • Separation
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Family And Children [2021] KEHC 13307 (KLR)

BDG v BBG

BDG v BBG [2021] KEHC 13307 (KLR)

The High Court dissolved a Hindu marriage after finding cruelty and seven years of separation, and dismissed the respondent’s unprosecuted cross-petition.

  • Hindu Marriage
  • Dissolution Of Marriage
  • Cruelty
  • Irretrievable Breakdown
  • Child Custody
  • Separation
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Family And Children [2021] KEHC 12838 (KLR)

RSGL v AAVL

RSGL v AAVL [2021] KEHC 12838 (KLR)

The High Court dissolved an undefended marriage after finding it had irretrievably broken down, with no conjugal relations since 2017 and separation since 2019.

  • Dissolution Of Marriage
  • Irretrievable Breakdown
  • Conjugal Rights
  • Separation
  • Decree Nisi
  • Divorce
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Family And Children [2021] KEHC 12697 (KLR)

CRVH v KSVH

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.

  • Divorce
  • Irretrievable Breakdown Of Marriage
  • Cruelty
  • Separation
  • Custody And Maintenance
  • Irretrievable-breakdown-of-marriage
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Family And Children [2020] KEHC 7497 (KLR)

MNN v DRO

MNN v DRO [2020] KEHC 7497 (KLR)

The High Court at Busia granted a divorce after finding the marriage had irretrievably broken down, with each party bearing own costs and a decree nisi to issue.

  • Divorce
  • Irretrievable Breakdown Of Marriage
  • Marriage Act
  • Separation
  • Decree Nisi
  • Irretrievable-breakdown-of-marriage
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Family And Children [2020] KEHC 7719 (KLR)

JWW v AWW

JWW v AWW [2020] KEHC 7719 (KLR)

The High Court dissolved a marriage after finding the parties had lived apart for over 26 years and that the relationship had irretrievably broken down.

  • Dissolution Of Marriage
  • Irretrievable Breakdown
  • Desertion
  • Separation
  • Matrimonial Offences
  • Dissolution-of-marriage
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.