SAMC v SMM (Divorce Cause E288 of 2023) [2023] KEMC 50 (KLR)
The bottom line
#A Kenyan court granted a divorce on the ground that a marriage with no love left cannot be saved, dissolving it despite the other spouse's silence.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether or not the marriage between the parties merits an order of divorce under The Marriage Act, 2014
Key legal issues
#Whether the marriage merits dissolution under s.66 of the Marriage Act, 2014
The petition is allowed on the ground of irretrievable breakdown, supported by the particulars of cruelty and desertion
The court considered the particulars of the grounds pleaded and how they contributed to the irretrievable breakdown contemplated under s.66. It noted the length of physical separation, the parties' lack of intention to salvage the union, and relied on the reasoning in JSM v ENB and ROK v MJB, holding that a court cannot compel two adults to remain married where love no longer exists.
Legal principles established
#- A court cannot compel parties to remain married where the petitioner has categorically stated that the marriage should be dissolved
Court orders
#- 1.The marriage between the parties is dissolved
- 2.Decree nisi to issue, to be made absolute in 30 days
- 3.Each party to bear own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- The Marriage Act, 2014, s.66 (dissolution of Civil Marriages)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Seeing as this court cannot force two adults to live together when there is no more love between them, I allow the petition dated 28th February 2023
the marriage between the two be and is hereby dissolved.
Decree nisi do issue to be made absolute in 30 days.
This being a family matter, each party to bear own costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SAMC v SMM (Divorce Cause E288 of 2023) [2023] KEMC 50 (KLR)", Case Analysis (2023). Not stated on the face of the judgment (petition dated February 28, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2023/50/eng@2023-11-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.