P M M v S W M [2015] KEHC 2508 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

DIVORCE CAUSE NO. 88 OF 2008

BETWEEN

P M M…….....…….…..PETITIONER

AND

S W M ……..………… RESPONDENT

JUDGEMENT

2. The couple thereafter cohabited at Dar es Salaam, Tanzania, and Nairobi, Kenya,  as husband and wife.  They were blessed with two children – B M , born on  October 2005, and E M  , born on  March 2007.

4. On desertion, it is pleaded that between October 2007 and December 2007 she left the matrimonial home to an unknown destination. She is also said to have had deserted the petitioner in 2005.

6. The petition was served on the respondent, who entered appearance and filed an answer to the petition She denies the allegations made in the petition, and avers that contrary to what is pleaded in those papers the respondent had always been supportive of the petitioner and the children of the marriage, and it was in fact the petitioner who was given to keeping the company of his mother and friends instead of being with his wife and children. She denies the allegation that she deserted the petitioner, saying that it was the petitioner who wilfully deserted the family and went to live with his mother.

8. The petitioner testified on 20th April 2010 and gave vent to the allegations made in his petition. Giving details of the allegations made by him in his petition against the respondent and he was subjected to cross-examination. The respondent, on her part, testified on 16th October 2014. She also breathed life to the allegations of fact made in her answer to the petition. She too was cross-examined. Thereafter the parties, through counsel, filed written submissions where they summarised their respective cases.

10. I note that the issues touching on the children are the subject of parallel proceedings pending at the Children’s Court. That came out from the testimony of the respondent. The Children’s Court is vested with a broad jurisdiction on children’s matter and is therefore more suited to handle disputes relating to children. I shall therefore make no orders at touching on the children of the marriage.

I hereby dissolve the marriage celebrated between the petitioner and respondent on 10th December 2004;

All issues touching on the custody and maintenance of the children of the dissolved marriage shall be addressed to the Children’s Court; and

DATED, SIGNED and DELIVERED at NAIROBI this 25TH  DAY OF SEPTEMBER, 2015.

JUDGE

In the presence of …………………. advocate for the respondent.