J S W v J R W [2014] KEHC 8386 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 97 OF 2013

J S W…………...…………….PETITIONER

VERSES

J R W……………………......RESPONDENT

JUDGMENT

The petitioner J S W and the respondent J R W got married on 13th August 1994 in the United States of America.  They cohabited in the United States of America and eventually in several places in Kenya.  The marriage was blessed with two children:-

S M W, born on 6th June 2002; and

K J W born on 19th February 2006.

The petitioner’s evidence was that on 9th May 2010 the respondent deserted the matrimonial home without any cause and has not returned since.  There has been no conjugal relationship since that time.  He petitioned for divorce on this ground.  His evidence was not challenged.

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

The petitioner and the respondent entered into a separation agreement dated 27th July 2011 which dealt with the custody, care, control and maintenance of the children of the marriage.  The agreement is hereby adopted as binding and shall form part of this judgment.

DATED and DELIVERED at NAIROBI this 28th July 2014.

A.O. MUCHELULE

JUDGE