NKG V ASM [2009] KEHC 3000 (KLR)

Facts

The petitioner and respondent were married through an arranged marriage in December 2004. The respondent was diagnosed with schizophrenia in 2005, but did not disclose this to the petitioner prior to their marriage. The petitioner returned to Kenya in 2005, and the respondent was later diagnosed with bipolar disorder.

Issues

1. Whether the marriage should be dissolved due to cruelty
2. Whether the respondent's mental illness was disclosed prior to the marriage

Reasoning

The respondent's mental illness was undisclosed prior to the marriage, leading to psychological cruelty and strain in the relationship. The respondent's failure to disclose this information was a material fact that was deliberately withheld.

Outcome

Petition for dissolution of marriage allowed

Authorities cited