IMJ v MKI [2009] KEHC 3912 (KLR)
- Court
- High Court of Kenya
- Case number
- 3912
- Citation
- [2009] KEHC 3912 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition filed, Respondent not defendedCoramM. KOOME
Holding
The court finds that the marriage is irretrievably broken down and grants the divorce.
Facts
The petitioner and respondent were married in 1993 and have two children. The respondent deserted the matrimonial home multiple times, including in 1993, 2002, and 2005. The petitioner alleged cruelty and communication with other parties.
Issues
- Whether the marriage is irretrievably broken down
- Whether the petitioner should be awarded custody of the children
Reasoning
The court found that the respondent deserted the matrimonial home multiple times and the marriage is irretrievably broken down.
Outcome
Divorce granted
Orders
- Divorce granted
Remedies
- Custody of the children awarded to the petitioner
Authorities cited
Legislation (1)
- Marriage Act, 150 of the Laws of Kenya
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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