E.K.N v F. O.O [2014] KEHC 2017 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBIMILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 215 OF 2013

E K N..........................................................PETITIONER

VERSUS

F O O.......................................................RESPONDENT

JUDGMENT

1. The petitioner and the respondent got married on 9th December 2008 at the Registrar of Marriages at Nairobi.  They lived and cohabited as husband and wife at Nairobi and Kiambu.  The marriage does not have issues.

2. On 1st October 2013 the petitioner filed this petition seeking the dissolution of the marriage.  In support of the petition, he testified that one Saturday in August 2010, following a disagreement, the respondent packed her belongings and left the matrimonial home.  This was despite attempts to dissuade her.  She blocked all communication thereafter.  In 2011 the petitioner’s parents and brother got the couple to meet, but the discussion yielded no positive results.  She has since relocated to the U.K. where she permanently resides.  His testimony was that the marriage cannot be salvaged.

3. The petition was served but did not elicit any response.

4. On the petitioner’s evidence, and on the ground of desertion, I order the dissolution of the marriage.  Decree nisi shall issue and shall become absolute upon the expiry of 30 days.

DATED and DELIVERED at NAIROBI this 12th June 2014.

A.O. MUCHELULE

JUDGE