RSGL v AAVL [2021] KEHC 12838 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 1 OF 2020

RSGL................................................................................................PETITIONER

VERSUS

AAVL..............................................................................................RESPONDENT

JUDGMENT

1. These divorce proceedings proceeded as undefended. The evidence of the petitioner RSGL was therefore not controverted. I accept the same.

2. The petitioner RSGL and respondent AAVL married on 7th May 2011 at [Particulars withheld] Church, London, United Kingdom on 7th May 2011.  They now live in Nyeri Kenya.  They have twins who were born on 18th May 2015.

3. On 5th January 2020 the petitioner filed this petition seeking the dissolution of the marriage on the ground that the marriage has broken down irretrievably.  He testified before the court that since 2017 they have had no conjugal relationship, and that since 1st September 2019 they live separately.  In July 2013 they travelled to London at the instance of the petition and met the respondent’s mother and sister in bid to have them reconcile.  It did not work.  The petitioner stated that they cannot agree on anything and that compensation has broken down.

4. It is evident that the marriage between the petitioner and the respondent has broken down beyond repair owing to irreconcilable difference.  I allow the petition and order the dissolution of the marriage between the two.

5. Decree nisi shall issue and become absolute in 30 days.

DATED and DELIVERED at NAIROBI this 29TH APRIL  2021.

A.O. MUCHELULE

JUDGE