JWGK v AKK (Divorce Cause E988 of 2021) [2023] KEMC 99 (KLR) (21 February 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 99
- Citation
- [2023] KEMC 99 (KLR)
- Decided
- 21 February 2023
The petition is struck out. The petition dated 20th Sept 2021 is struck out. No orders on costs. Either party is at liberty to apply for registration as under section 3, 44 and 55 of the Marriage Act. Either party is at liberty to file a fresh petition for consideration before the court noting to annex a copy of the correct marriage certificate in respect of the parties.
Facts
JWGK and AKK solemnized their marriage at the Attorney General’s Chambers in Kenya. They have five children together, all adults as of the hearing. Both are domiciled in Kenya and have no intentions of salvaging the marriage.
Issues
- Whether there is evidence of a civil marriage before the court
- Whether an order of divorce can issue if a civil marriage is proven
Reasoning
The court found no evidence of a registered customary union on file. The marriage certificate uploaded by the petitioner is unclear and no deed polls were found.
Outcome
Struck out
Orders
- Petition dated 20th Sept 2021 is struck out
- No orders on costs
- Either party is at liberty to apply for registration as under section 3, 44 and 55 of the Marriage Act
- Either party is at liberty to file a fresh petition for consideration before the court noting to annex a copy of the correct marriage certificate in respect of the parties
Authorities cited
Legislation (1)
- Marriage Act
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