SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

JMM v MRWN (Divorce Cause E868 of 2022) [2023] KEMC 241 (KLR) (24 July 2023) (Judgment)

[2023] KEMC 241 (KLR) Magistrate's Courts
Read PDF
Court
Magistrate's Courts
Case number
241
Citation
[2023] KEMC 241 (KLR)
Decided
24 July 2023
AI Summary Beta 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

JMM and MRWN married on 18th July 2019. They have no children and no intentions of salvaging the marriage. The petitioner averred that the marriage has irretrievably broken down due to cruelty and irretrievable breakdown.

Issues

  1. Whether the marriage merits a divorce under The Marriage Act, 2014.
  2. 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 petitioner's unequivocal statement that she wants the marriage dissolved.

Outcome

The petition for divorce was granted.

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 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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case