LOO v DAO (Divorce Cause E865 of 2022) [2023] KEMC 247 (KLR) (20 July 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 247
- Citation
- [2023] KEMC 247 (KLR)
- Decided
- 20 July 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of cruelty, desertion, 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
LOO and DAO solemnized their marriage on 04th December 2007. They have five children together. Both are domiciled in Kenya. The parties have no intentions of salvaging the marriage.
Issues
- whether the marriage merits a divorce under The Marriage Act, 2014
- whether the irretrievable breakdown of the marriage is due to cruelty, desertion, or 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 was allowed.
Orders
- the marriage between the two be and is hereby dissolved
- Decree nisi do issue to be made absolute in 30 days
Authorities cited
Legislation (1)
- The Marriage Act, 2014
Cases cited (3)
- JSM vs ENB[2015]
- ROK v MJB[2017] eKLR
- TPH v NVS[2017]eKLR
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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