MOKM v GGA (Divorce Cause E952 of 2022) [2023] KEMC 194 (KLR) (31 August 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 194
- Citation
- [2023] KEMC 194 (KLR)
- Decided
- 31 August 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of irretrievable breakdown of the marriage.CoramADUKE JEAL PRAXADES ATIENO
Holding
The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
Facts
MOKM and GGA were married on December 20, 2005. They have two children. The parties have no intention of salvaging the marriage. The petitioner alleged adultery, desertion, and cruelty, while the respondent alleged irretrievable breakdown of the marriage.
Issues
- Whether the marriage merits an order of divorce under The Marriage Act, 2014.
- Whether the irretrievable breakdown of the marriage is due to irreconcilable differences, mental anguish, adultery, desertion, cruelty, or exceptional depravity.
Reasoning
The court considered the grounds for divorce and the irretrievable breakdown of the marriage. The court noted the high levels of antagonism between the parties and the petitioner's unequivocal statement of wanting the marriage dissolved.
Outcome
The marriage was dissolved.
Orders
- The marriage between the two be and is hereby dissolved.
- Decree nisi do issue to be made absolute in 30 days.
Remedies
- Each party to bear their own costs.
Authorities cited
Legislation (1)
- The Marriage Act, 2014
Cases cited (1)
- TPH v Nv (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.
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