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A O O v P N T [2015] KEHC 7350 (KLR)

[2015] KEHC 7350 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7350
Citation
[2015] KEHC 7350 (KLR)
Decided
30 April 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner seeks divorce and custody of childCoramChesoni, KLR, Muriithi, Madan, Muriithi
Holding

The Court grants the divorce and orders joint custody of the child.

Facts

Petitioner and Respondent married on 19 May 2009. They have a son born on 13 March 2011. The Petitioner claims the marriage has irretrievably broken down due to the Respondent's cruelty, including heavy drinking and emotional abuse.

Issues

  1. Whether the Petitioner or Respondent have adduced sufficient evidence for divorce
  2. Whether the Respondent should have sole custody of the child
  3. Whether the Petitioner should continue contributing to the child's welfare

Reasoning

The Court finds the Petitioner's evidence of cruelty sufficient to justify divorce. The Court also awards joint custody of the child.

Outcome

Divorce granted, joint custody of child awarded

Orders

  • Divorce granted
  • Joint custody of child awarded

Remedies

  • None specified

Authorities cited

Legislation (2)
  • Marriage Act 2014
  • Matrimonial Causes Act Cap 152
Cases cited (1)
  • RAF v SML [2014] e KLR
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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