R K B v O C K [2014] KEHC 8390 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 19 OF 2011

R K B.............……...….…....PETITIONER

VERSUS

O C K…...….…………… RESPONDENT

JUDGMENT

1. On 11th September 2007 the petitioner R K R married the respondent O C K at the Registrar of Marriages in Nairobi. The couple lived together and cohabited at Golden Gate Estate, South B, Nairobi.

2. On 19th March 2009 the parties parted and since that time they have lived separately. There has been no cohabitation.  It is the evidence of the petitioner that the marriage has completely broken down; that attempts to have them reconcile have not been successful.

3. The petition for divorce was filed on 8th February 2011.  The respondent filed an answer to the petition and a cross-petition for divorce.  She was present in court when the petitioner testified in support of the petition.  Both parties were represented.  The respondent did not offer any evidence, and neither was the petitioner cross-examined.

4. I find that the marriage between the petitioner and the respondent has irretrievably broken down. I allow the petition and order the dissolution between the petitioner and the respondent. Decree nisi shall issue. The same shall become absolute after 30 days.

DATED and DELIVERED at NAIROBI this 10thJuly, 2014

A.O. MUCHELULE

JUDGE