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BKK v KAO (Divorce Cause E667 of 2022) [2023] KEMC 96 (KLR) (13 March 2023) (Judgment)

[2023] KEMC 96 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
96
Citation
[2023] KEMC 96 (KLR)
Decided
13 March 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on the ground of irretrievable breakdown of the marriage.CoramADUKE JEAL PRAXADES ATIENO
Holding

The court dissolved the marriage and made a decree nisi absolute in 30 days.

Facts

BKK and KAO solemnized their marriage on August 13, 2016. They have no issues from the union and have no intentions of salvaging the marriage. The parties have been physically separated since 2019.

Issues

  1. Whether the marriage merits a divorce under The Marriage Act 2014.
  2. Whether the irretrievable breakdown of the marriage is due to irreconcilable differences.

Reasoning

The court considered the irreconcilable differences and the physical separation, concluding that the marriage has irretrievably broken down.

Outcome

The marriage between the parties is dissolved.

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 (2)
  • The Marriage Act 2014
  • JSM vs ENB (2015)
Cases cited (1)
  • ROK vs MJB (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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