J R M v J R M M [2014] KEHC 8400 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO.106 OF 2012

R N M.....................…………PETITIONER

VERSES

J R M M........…...…......RESPONDENT

JUDGMENT

The petitioner R N M and respondent J R M M got married under Kikuyu customary law in 1971.  On 11th September 1982 the marriage was solemnised under the Marriage Act (Cap 150).  The couple was living at Ruai.

The marriage was blessed with five children.

Since 2002 the couple has not had any sexual interaction.  The petitioner states that the respondent got into another relationship, and subsequently married yet another woman and has moved on.  The petitioner says she wants to be left alone, hence the petition for divorce.

The marriage between the petitioner and the respondent has irretrievably broken down.  The petitioner’s evidence in this regard was not challenged, as no evidence was laid in defence.

Consequently, I order the dissolution of the marriage between the petitioner and the respondent.  Decree nisi shall issue immediately and shall become absolute after 30 days.  This is a family dispute.  Each side shall bear own costs.

DATED and DELIVERED at NAIROBI this 17th July 2014.

A.O. MUCHELULE

JUDGE