J R K v K E H [2014] KEHC 704 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

DIVORCE CAUSE NO. 12 OF 2014

BETWEEN

J R K……………  .PETITIONER

AND

K E H……..…..……..RESPONDENT

JUDGEMENT

Marriage was celebrated between the parties herein on 2nd July 2002 at the office of the Justice of the Peace of the 3rd Precinct, Dallas, Texas in the United States of  America(USA). A certificate of marriage serial number [particulars withheld] was duly issued to them in accordance with the law of the Texas State. The couple thereafter cohabited in the USA, as husband and wife.  The couple was blessed with one issue – S N K (born in 2003).

The petition in this matter was filed in court on 21st January 2014. The petitioner accuses the respondent of desertion. The particulars are the respondent left the matrimonial home with the minor sometime in September 2005 never to come back.

The petition was served on the respondent by way of courier service following an order made on 21st January 2014. The registered mail addressed to the respondent’s last known address was delivered at the DHL offices in Nairobi on 21st January 2014 according to the affidavit of service sworn on 13th May 2014 and filed in court on 14th May 2014.

The respondent neither appeared nor filed answer to the petition.

On 12th June 2014 the Deputy Registrar certified that the matter proceeds for hearing as an undefended cause. There is no reply to the petition and therefore the petitioner’s allegations, as made in the petition, remain uncontroverted.

The petitioner testified on 17th July 2014 and gave vent to the allegations made in her petition. No counter evidence was given by the respondent, and therefore the petitioner’s testimony was not controverted. He testified that as the respondent left the matrimonial home, she told him that it was over. Reconciliation did not work even though the parties remained in communication.

It would appear to me that the marriage between the parties herein has irretrievably broken down. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings. There is also no evidence that the petitioner has condoned the desertion.

I am disposed to make the following orders: -

That I hereby dissolve the marriage celebrated between the petitioner and respondent on 2nd July 2002;

That decreenisi shall issue forthwith, to be made absolute after thirty (30) days; and

That there will be no orders as to costs.

DATED, SIGNED and DELIVERED at NAIROBI this 19th DAY OF December 2014.

W. MUSYOKA

JUDGE

In the presence of Mr. Makori for Mr. Kinyanjui advocate for the petitioner.