EMN v PNN (Divorce Cause E090 of 2021) [2023] KEMC 178 (KLR) (22 June 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 178
- Citation
- [2023] KEMC 178 (KLR)
- Decided
- 22 June 2023
The court grants the petition for divorce on the following terms: the marriage between the two be and is hereby dissolved, Decree nisi do issue to be made absolute in 30 days, and each party to bear their own costs.
Facts
EMN and PNN solemnized their marriage in Kenya on 3rd January 2004. They have one child together and have no intentions of salvaging the marriage. The petitioner sought divorce on grounds of irretrievable breakdown of the marriage, cruelty, and adultery.
Issues
- Whether the marriage merits a divorce under The Marriage Act, 2014
- Whether the irretrievable breakdown of the marriage is due to irreconcilable differences, cruelty, or adultery
Reasoning
The court considered the grounds for divorce outlined in the petition and the evidence presented. The court noted the irretrievable breakdown of the marriage and the lack of intention to salvage the union. The court relied on previous cases to support its decision.
Outcome
Petition granted
Orders
- The marriage between the two be and is hereby dissolved
- Decree nisi do issue to be made absolute in 30 days
- Each party to bear their own costs
Authorities cited
Legislation (2)
- The Marriage Act, 2014
- s.65 of the Act (dissolution of Christian Marriages)
Cases cited (2)
- ROK v MJB (2017)
- TPH v NVS (2017)
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