J C v v M N K [2014] KEHC 8384 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 103 OF 2013

J C…………….……….…....PETITIONER

VERSUS

M N K..….……….......…… RESPONDENT

JUDGMENT

The petitioner J C and the respondent M N K got married on 15th June 2012 at the Registrar’s office in Nairobi.  The petitioner works for the Ministry of Foreign Affairs and was then based in the U.S.A.  He travelled to Kenya for the marriage. The respondent was staying in Kenya.  The marriage was not consummated during the three days that the petitioner was in Kenya.  On 18th July 2012 he returned to the USA.  In September 2012 the respondent joined him there and they stayed in the same house, but in separate rooms.  Every time he wanted to have the marriage consummated she gave excuses.  This happened until January 2013 when they parted.  They have not been in contact since.

The petitioner seeks to have the marriage annulled.  The petition was served.  The respondent instructed MAINA MAKOME & CO. ADVOCATES who entered appearance but did not file reply.  The evidence of the petitioner in support of the petition was not challenged.  He was represented by MR HENIA.

I allow the petition and annul the marriage between the petitioner and the respondent.

DATED and DELIVERED at NAIROBI this 10th July, 2014

A.O. MUCHELULE

JUDGE