SMK v MKM (Divorce Cause E084 of 2022) [2023] KEMC 95 (KLR) (6 March 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 95
- Citation
- [2023] KEMC 95 (KLR)
- Decided
- 6 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for divorce defendedCoramADUKE JEAL PRAXADES ATIENO, SRM
Holding
The court allows the petition dated January 24, 2022 on the following terms: the marriage between the two be and is hereby dissolved; decree nisi do issue to be made absolute in 30 days; each party to bear their own costs.
Facts
S.M.K and M.K.M solemnized their marriage on March 3, 2021. They have one child together and have no intention of salvaging the marriage. The petitioner, S.M.K, sought a divorce on the ground of irretrievable breakdown of the marriage.
Issues
- Whether the marriage between the parties merits an order of divorce under The Marriage Act 2014.
- Whether the irretrievable breakdown of the marriage has been established.
Reasoning
The court considered the grounds for divorce outlined in the petition and noted the length of physical separation, levels of antagonism, and the petitioner's unequivocal intention to dissolve the marriage.
Outcome
Allowing the petition for divorce
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 (2)
- The Marriage Act 2014
- section 66 of the Act (dissolution of Civil Marriages)
Cases cited (3)
- JSM v ENB[2015]
- ROK v MJB
- 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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