CKO v GWOM (Divorce Cause E849 of 2022) [2023] KEMC 229 (KLR) (3 July 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 229
- Citation
- [2023] KEMC 229 (KLR)
- Decided
- 3 July 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of cruelty and irretrievable breakdown of marriage.CoramAduke Jeal Praxades Atieno
Holding
The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
Facts
Petitioner and Respondent solemnized their marriage on January 12, 2007. They have two children together and are domiciled in Kenya. The parties have no intention of salvaging 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 cruelty and irretrievable breakdown.
Reasoning
The court considered the grounds for divorce and the irretrievable breakdown of the marriage. The court noted the length of physical separation and the petitioner's unequivocal statement of wanting the marriage dissolved.
Outcome
The petition for divorce was granted.
Orders
- The marriage between the parties 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 (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.
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