E W W v P M W & G C [2016] KEHC 5270 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

DIVORCE CAUSE NO.    131 OF 2012

E W W ……..…………….………………….PETITIONER

VERSUS

P M W..……………………….…….….1ST RESPONDENT

G C………………………………..……2ND RESPONDENT

JUDGMENT

In the year 1977 the petitioner, then a  spinster and 1st Respondent then a bachelor were married under Kikuyu Customary Law and thereafter formalized their union on 5th March 1978 under the Marriage Act Cap 150 Laws of Kenya.  After the said marriage the petitioner lived and cohabited with the 1st respondent as husband and wife in Nairobi. That the marriage between the petitioner and the 1st respondent has been blessed with four (4) issues, namely: A W K , J W K W, T T W and P K W.

It is deponed that  the marriage between the petitioner and the 1st respondent has broken down irretrievably . That the petitioner has not in any way been accessory to or connived at the said cruelty, adultery and desertion. That the petition is no presented or prosecuted in collusion with the 1st respondent and/or co-respondent.  That the said marriage between the petitioner and the 1st respondent may be dissolved.

1st Respondent in his answer to petition avers that the 1st respondent admits that the marriage between the petitioner and himself has irretrievably broken down with no chances of reconciliation. That the marriage between the petitioner and the 1st respondent be dissolved.

The petitioner and the respondent testified that  they got married in  1977 by Kikuyu Customary Law and then in 1978 they formalized their marriage  in church. That they  do not live together as  the marriage has irretrievably broken down.That they have been separated for four years since 2012 and there is no possibility of reconciliation.

From the evidence adduced it is evident that the marriage between the Petitioner and the Respondent has irretrievably broken down. They have been apart for the last four years with no possibility of reconciliation. I am persuaded that they have not colluded or connived to file the petition. Their marriage is no more and this court dissolves the marriage celebrated on the 5th of March 1978  between the petitioner and the 1st respondent on grounds that their marriage has irretrievably broken down.  A decree nisito issued and to be made absolute within 30 days. Each party to bear its own costs.  It is so ordered.

Signed, dated and delivered this 27thDay of April  2016.

R. E OUGO

JUDGE

In the presence of:

………………………………………………………..…..…….Applicant

………………………………………………………………1st Respondent

……………………………………………………………..2nd Respondent

Charity  Court Clerk