DORCAS NGINA MUYA v JOHN KINYANJUI NJENGA [2007] KEHC 2857 (KLR)
- Court
- High Court of Kenya
- Case number
- 2857
- Citation
- [2007] KEHC 2857 (KLR)
- Decided
- 7 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for dissolution of marriage filed by the petitionerCoramGEORGE DULU
Holding
The marriage is dissolved, and a decree nisi for divorce will issue forthwith to be made absolute after the lapse of three months. The petitioner will bear her own costs.
Facts
The petitioner and respondent were married in April 1991 and lived together in Nyeri. The petitioner alleged that the respondent chased her away from the matrimonial home in December 1997 and was living with another woman. The petitioner also claimed there was no issue of the marriage.
Issues
- Whether there was a valid marriage subsisting between the petitioner and the respondent
- Whether the respondent committed adultery
- Whether the marriage has broken down irretrievably
Reasoning
The court found that the respondent committed acts of cruelty by chasing the petitioner away from the matrimonial home and not caring for her. The court did not find evidence of adultery.
Outcome
The petition for dissolution of marriage succeeds.
Orders
- The marriage between the petitioner and the respondent be and is hereby dissolved.
- A decree nisi for divorce do issue forthwith to be made absolute after the lapse of three(3) months.
- The petitioner will bear her own costs of these proceedings.
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.
Loading judgment…