K C M M v M A S M [2017] KEHC 9434 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 200 OF 2014

K.C.M.M………………………………………………..PETITIONER

VERSUS

M.A.S.M………………………..………………..….. RESPONDENT

JUDGMENT

1. The petitioner and the respondent got married on 20th April 1987 at the Registrar’s office in Nairobi.   They got one child who was born on 9th February 1990.  In August 2002 the petitioner moved out of the matrimonial home owing to irreconcilable differences.  The couple has been separated since then, and there has been no sexual interaction between them.

2. On 8th October 2014 the petitioner filed this petition seeking the dissolution of the marriage.  One of the grounds was that the marriage has irretrievably broken down.  The respondent filed a response and a cross-petition for divorce.

3. Both parties appeared before me today and gave evidence.   It was confirmed that the marriage cannot be repaired.

4. On the ground of many years of separation and the fact that the marriage cannot be salvaged, I allow both the petition and the cross-petition.  I order the dissolution of the marriage between the petitioner and the respondent.  Decree nisi shall issue, and shall become absolute after thirty (30) days.

5. In the circumstances of this Cause, I ask that each party shall bear own costs.

DATED and DELIVERED at NAIROBI this 21ST day of SEPTEMBER 2017.

A.O. MUCHELULE

JUDGE