KML v JSN [2020] KEHC 9194 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

DIVORCE CAUSE NO. 2  OF 2019

KML.......................................................................................PETITIONER

VERSUS

JSN........................................................................................RESPONDENT

JUDGMENT

1. KML, the Petitioner moved this court by way of a Petition dated 27th September 2017 against JSN,the Respondent.

2. The Petitioner seeks for orders for: -

a. Dissolution of the marriage between the two &

b. Costs.

3. The Parties solemnised their marriage at particulars withheld], Cardiff, in the county of Cardiff, United Kingdom on the  22nd August 2015 and thereafter moved and cohabited in Kenya as follows;

i. [particulars withheld], Karen between August, 2015 to January 2016

ii. [particulars withheld] road, Karen January 2016 to July 2016

4. The union has no children.

5. Upon service of Summons to appear and the Petition onthe Respondent, the Respondent entered appearance but failed to file an answer. The matter having been certified as an undefended cause, proceeded as such on the 28th August, 2019.

6. It is the Petitioner’s case that the marriage between them hasirretrievably broken down, and as a result the two have lived separately since July 2016 with no hope of salvaging the same.

7. Having considered the Petition and evidence presented before court by the Petitioner and in the absence of an answer to the Petition and evidence challenging the evidence on record, I am of the opinion that the Petitioner has proved that the marriage between her and the Respondent has irretrievably broken down resulting in the parties  living apart for more than 3 years.

8. For the reasons stated above the marriage contracted by KML & JSNon the 22nd of August 2015 be and is hereby dissolved.

9. The Decree Nisi be made absolute within 30 days.

10. Costs of the suit to the Petitioner.

DATED, SIGNEDANDDELIVEREDAT NAIROBI THIS  16th   DAY OFJANUARY,2020.

ALI-ARONI

JUDGE

In the presence of:

Petitioner.........................................................................

Respondent......................................................................