P K M v B O O [2014] KEHC 7314 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

DIVORCE CAUSE NO. 178 OF 2012

BETWEEN

P K M……………………..PETITIONER

AND

B O O….………….……..RESPONDENT

JUDGEMENT

Marriage was celebrated between the parties herein on 6th May 1998 at the Office of Registrar of Marriage at Nairobi. A certificate of marriage serial number [particulars withheld]  was issued to them in accordance with the Marriage Act. The couple thereafter cohabited at [particulars withheld] and [particulars withheld] in Nairobi as husband and wife.  They were blessed with one issue – F M O – born on 25th January 1990.

The petition in this matter was filed on 1st October 2012. The petitioner has accused the respondent of cruelty and adultery. The respondent is alleged to have committed adultery with a woman, in the United States of America, who is named in the particulars, but who have not been made parties to the proceedings. As a consequence of the said adultery two children were born to the said woman. He is also alleged to have treated the petitioner cruelly when they were in the United States as he would spent nights away from her, and when confronted he would say he needed an able-bodied woman to have fun with, which caused much anguish to the petitioner who is physically challenged.

The petition was served on the respondent on 27th March 2013 by courier service via DHL. He did not appear nor file answer to the divorce petition. The Deputy Registrar certified on 11th July 2013 that the matter proceeds for hearing as an undefended cause. As there is no reply, the petitioner’s allegations, as made in the petition, remain uncontroverted.

The petitioner testified on 21st August 2013 and gave vent to the allegations made in her petition. No counter evidence was given by the respondent, therefore the petitioner’s story was not controverted.

It would appear to me that the marriage between the parties herein has irretrievably broken down. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings. There is also no evidence that the petitioner has condoned the adultery.

I hereby dissolve the marriage celebrated between the petitioner and respondent on 6th May 1998. Decreenisi shall issue forthwith and shall be made absolute after thirty (30) days. There will be no orders on costs.

DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.

W. MUSYOKA

JUDGE