SML v RKM (Divorce Cause E016 of 2023) [2023] KEMC 38 (KLR) (28 November 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 38
- Citation
- [2023] KEMC 38 (KLR)
- Decided
- 28 November 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of cruelty, adultery, and irretrievable breakdown. Proceedings were undefended.CoramADUKE JEAL PRAXADES ATIENO, SRM
Holding
The court dismissed the petition for divorce, finding that a marriage by long cohabitation and repute under Meru Customary Law cannot be recognized under the Marriage Act.
Facts
SML and RKM cohabited as man and wife from September 2012, with RKM still married to his ex-wife. They ceased cohabitation in 2020/2021.
Issues
- Whether a marriage existed between the parties.
- How the parties can part ways from this cohabitation.
Reasoning
The court held that a marriage by long cohabitation and repute under Meru Customary Law cannot be recognized under the Marriage Act due to the requirement of registration under the Act.
Outcome
Petition dismissed.
Orders
- No order on costs.
- Either party is at liberty to apply for registration as under section 3 and section 96(2) and (3) of the Marriage Act before a petition for divorce can be filed.
Authorities cited
Legislation (2)
- Marriage Act, 2014
- Evidence Act
Cases cited (2)
- CWN vs DK (2021)
- Joseph Gitau Githongo v Victoria Mwihaki (2014)
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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