SNG v SN (Divorce Cause E754 of 2021) [2023] KEMC 98 (KLR)
The bottom line
#A Kenyan court dissolved an undefended marriage and awarded reduced alimony because the petitioner had no paperwork proving her living expenses.
What this practically means
#Executive summary
#Key legal issues
#Whether the marriage merits dissolution under Section 65 of the Marriage Act, 2014
The petition was allowed on the ground of irretrievable breakdown of the marriage
The court considered the particulars of cruelty, desertion and irretrievable breakdown pleaded in the petition, the length of separation, the parties' lack of intention to salvage the union, and the reasoning in JSM v ENB and ROK v MJB, concluding that the court cannot force two adults to live together where there is no longer love between them.
Whether alimony should be granted under Section 77 of the Marriage Act
Alimony granted at the gazetted minimum wage for a residential housekeeper in Nairobi, monthly, for 10 years or until remarriage, whichever is earlier
Having found irretrievable breakdown, the court was persuaded on a balance of probabilities that the petitioner should reasonably remain accustomed to the marital lifestyle. However, because the petitioner produced no documentary proof of her day-to-day expenditure, the court fixed maintenance at the gazetted minimum wage for a residential housekeeper in Nairobi rather than the amount prayed.
Legal principles established
#- A court cannot compel parties to remain married where the petitioner has categorically stated that the marriage should be dissolved
- Maintenance may be ordered under Section 77 of the Marriage Act where a decree of divorce is granted, without requiring documentary proof of expenditure, on a balance of probabilities
Court orders
#- 1.The marriage between the parties be and is hereby dissolved
- 2.Decree nisi to issue, to be made absolute in 30 days
- 3.Alimony payable monthly amounting to the current gazetted minimum wage for residential housekeeper in Nairobi (as amended from time to time) for a period of 10 years from the date of judgment or until the petitioner remarries, whichever is earlier
- 4.Each party to bear own costs
- Jurisdiction invoked
- Section 65 of the Marriage Act, 2014 (dissolution of Christian marriages)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SNG v SN (Divorce Cause E754 of 2021) [2023] KEMC 98 (KLR)", Case Analysis (2023). Petition dated 12th July 2021 (divorce petition). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2023/98/eng@2023-03-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.