E.G.M v E.N.K [2016] KEHC 7663 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 7 OF 2015

E.G.M.............................................PETITIONER

VERSUS

E.N.K...........................................RESPONDENT

JUDGMENT

1. The petitioner E.G.M. and the respondent E.N.K. got married on 21st December 2007 at the Registrar’s Office in Nairobi under the Marriage Act (Cap 150 – now repealed).  They cohabited as husband and wife in Kirigiti in Kiambu county.  The marriage was blessed with one child J.M.G.

2. The petitioner’s evidence was that in November 2011 there was a small disagreement between the two.  The respondent left the matrimonial home and has never returned.  Any effort to engage her to seek her return has been rebuffed.  She left the child with the petitioner.  He fully takes care of the child.

3. The petition was served on the respondent who did not file any answer.  The petitioner’s evidence in support of the petition was not controverted.  I accept it.

4. On the ground of desertion, I dissolve the marriage between the petitioner and the respondent.  Decree nisi shall issue immediately and shall become absolute after 30 days.

DATED and DELIVERED at NAIROBI this 14th day of April 2016

A.O. MUCHELULE

JUDGE