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CHARO ABDALLAH KALUME vs REPUBLIC [2002] KECA 43 (KLR)

[2002] KECA 43 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
43
Citation
[2002] KECA 43 (KLR)
Decided
21 January 2002
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPosturePetitioner sought to dissolve her marriage and obtain custody of her child.CoramD. A. ONYANCHA
Holding

The marriage is dissolved, and the custody of the child is awarded to the petitioner.

Facts

The petitioner and respondent got married on November 25, 1995, and had a child named Gift Njaramba Wanderi. The marriage was marked by cruelty and abuse, including physical assault and battery, which led the petitioner to leave the matrimonial home and file for divorce.

Issues

  1. Dissolution of marriage
  2. Custody of child

Reasoning

The court found evidence of legal cruelty and lack of reconciliation, leading to the dissolution of the marriage.

Outcome

The marriage is dissolved, and the custody of the child is awarded to the petitioner.

Orders

  • Decree nisi issued
  • Custody of child awarded to petitioner
  • Costs awarded to petitioner

Remedies

  • Dissolution of marriage
  • Custody of child
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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