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AHD v SAG [2019] KEKC 15 (KLR)

[2019] KEKC 15 (KLR) KEKC
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Court
KEKC
Case number
15
Citation
[2019] KEKC 15 (KLR)
Decided
31 May 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for DivorceCoramHon. A. D. Wako, Senior Resident Kadhi
Holding

The marriage between the petitioner and the respondent has irretrievably broken down and is hereby dissolved.

Facts

The petitioner, AHD, filed a petition for divorce against her husband, SAG, alleging irretrievable breakdown of their marriage due to his mistreatment and failure to maintain her. The respondent, SAG, failed to appear in court.

Issues

  1. Irretrievable breakdown of marriage
  2. Maintenance

Reasoning

The court found that the respondent has failed to fulfill his duty to maintain his wife and that the petitioner has not contributed to the breakdown of the marriage.

Outcome

Divorce granted

Orders

  • Marriage dissolved
  • Respondent ordered to pay 20,000 Ksh for dowry
  • Custody of children granted to petitioner
  • Respondent to contribute to the upkeep of the children

Remedies

  • Maintenance

Authorities cited

Legislation (3)
  • Chapter 65, Verse 7, 6 of the Holy Qur'an
  • Chapter 2, Verse 233 of the Holy Qur'an
  • Article 19(2) of the Kenyan Constitution
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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