E R v E L P [2017] KEHC 9472 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 176 OF 2014

E R..............................PETITIONER

VERSUS

E L P........................RESPONDENT

JUDGMENT

1. The petitioner E R and the respondent E L P married on 3rd September 2017 in Italy. They lived together in Italy up to 2005 when they moved to Nairobi in Kenya.  The couple stayed at Garden Estate in Nairobi.  In 2012 the respondent left the matrimonial home and has not returned since.  They have had no sexual interaction since April/May 2012.  The marriage has no child.

2. On 28th August 2014 the petitioner filed this petition seeking the dissolution of the marriage on grounds of cruelty, adultery and that the marriage has irretrievably broken down.  The particulars of cruelty and adultery were enumerated.

3. The respondent did not file an answer to the petition, although he entered a memorandum of appearance.

4. It was pleaded, and repeated in court by the petitioner, that the marriage between the parties has irretrievably broken down.  The parties have been separated, and without any sexual interaction, for over five years.  On this basis, and on the basis of cruelty and adultery both of which were not denied, I dissolve the marriage between the petitioner and the respondent.  Decree nisi shall issue and shall become absolute after 30 days.  I make no order as to costs.

DATED and DELIVERED at NAIROBI this 10TH day of OCTOBER 2017.

A.O. MUCHELULE

JUDGE