NOA v LLM (Divorce Cause E238 of 2022) [2023] KEMC 138 (KLR) (22 May 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 138
- Citation
- [2023] KEMC 138 (KLR)
- Decided
- 22 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of irretrievable breakdown of the marriage, adultery, cruelty, and desertion.CoramADUKE JEAL PRAXADES ATIENO
Holding
The court allows the petition and dissolves the marriage between the parties.
Facts
NOA and LLM solemnized their marriage in Kenya in [particulars withheld] at the Office of the Attorney General. They have no issues together and have no intentions of salvaging the marriage. The parties have been physically separated since 2020.
Issues
- whether the marriage merits an order of divorce under The Marriage Act, 2014
- whether the irretrievable breakdown of the marriage has occurred
Reasoning
The court considered the grounds outlined in the petition and the irretrievable breakdown of the marriage. The court noted the length of physical separation and the levels of antagonism between the parties.
Outcome
The marriage between the parties is dissolved.
Orders
- Decree nisi to issue to be made absolute in 30 days
- Costs of the petition awarded to the Petitioner
Authorities cited
Legislation (2)
- The Marriage Act, 2014
- ROK v MJB (2017)
Cases cited (2)
- ROK v MJB (2017)
- TPH v NVS (2017)
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…