L.J.T v H.K.T and D.L [2008] KEHC 1393 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET Divorce Cause 1 of 2004

L.J.T..................................PETITIONER

VERSUS

H.K.T..............................RESPONDENT

D.L...........................CO-RESPONDENT

JUDGEMENT

The Petitioner filed the Petition dated 22nd March 2004 on 3rd April, 2008.  It is based on the grounds of cruelty of the 1st Respondent to the Petitioner and the adultery of the 1st Respondent with the 2nd Respondent.  The petitioner and the 1st Respondent married on 7th December, 1996 and thereafter cohabited in Nandi District.  That is in the Petition and in the oral evidence of the Petitioner.  There are no issues of the said marriage

The 1st Respondent filed what is headed as a Draft Answer to the petition and cross-petition in which he alleged desertion on the part of the Petitioner since 1999 and that the two have lived apart since then.

The 2nd Respondent filed nothing and like the 1st Respondent did not attend the hearing of the petition although served.

At the hearing the Petitioner testified that the 1st Respondent beat her on several occasions and brought the 2nd Respondent to the matrimonial home and slept with her on the matrimonial bed while the petitioner slept on a cough in the sitting room.  It was the Petitioner’s further evidence that the 1st Respondent has since the petitioner left the matrimonial home taken the 2nd Respondent and they cohabit together as a result of which two children, one called C, have been borne to both the 1st and 2nd Respondents.  As earlier stated none of the Respondents attended court and so the Petitioner’s evidence will stand uncontraverted.  It was the Petitioner’s evidence that the 1st Respondent does not want her and she therefore prays for the dissolution of the marriage between her and the 1st Respondent.  In his draft answer and cross-petition the 1st Respondent on his part pleads that the marriage has irretrievably broken down and it is no longer possible for the two to live together again.

Upon considering the petition, the draft answer and cross-Petition and the evidence of the Petitioner, I find that the marriage has indeed irretrievably broken down and I do hereby dissolve the same and do condemn the 1st Respondent to costs.

DATED AND DELIVERED AT ELDORET THIS 24TH DAY OF SEPTEMBER, 2008

P.M.MWILU

JUDGE

IN THE PRESENCE OF:-

Mr. Koros Advocate for the Petitioner.