P.A.W v C.M.G [2012] KEHC 5198 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

DIVORCE CAUSE NO.2 OF 2011

P.A.W…………………………….….........................……..PETITIONER

VERSUS

C.M.G………..…………………………...............………RESPONDENT

J U D G M E N T

1. P. A. W., the Petitioner seeks Orders that her marriage, solemnized in 2003 be dissolved and that the custody of the two (2) issues thereof be granted to her with the Respondent having reasonable access to them. She also prays that each party should bear her/his costs.

2. The ground on which the divorce is sought is that since November 2006 when the Respondent moved to take up a new job, he has completely abandoned the Petitioner and their children and has denied the Petitioner her conjugal rights. That all attempts at rekindling the flames of the marriage have failed and the same has broken down irretrievably.

3. The Respondent was served but has failed to respond to the Petitioner’s claims and so there is no challenge to the Petitioner’s assertions. I have no reason to doubt her evidence in that regard.

4. The marriage between the parties must and is hereby dissolved.

5. The Petitioner shall have custody, care and control of the issues of the marriage and the Respondent shall have access to them on such times and for such period as shall be agreed with the Petitioner.

6. Let each party bear his/her own costs and a decree nisi shall issue forthwith and to be made absolute within thirty (30) days hereof.

7. Orders accordingly.

DATED, DELIVERED AND SIGNED AT NAIROBI THIS 13TH DAY OF JANUARY, 2012.

CORAM

ISAAC LENAOLA – JUDGE

Miron – Court Clerk

Mr. Isoe hold brief for Mr. Oguta for Petitioner

ORDER

Judgment duly read.

ISAAC LENAOLA

JUDGE