REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS FAMILY DIVISION DIVORCE CAUSE NO. 244 OF 2013 C K M…………….................…….PETITIONER VERSES N W K……………………......RESPONDENT JUDGMENT 1. The petitioner’s evidence was not challenged as there was no answer filed to the petition. 2. The petitioner married the respondent on 2 nd July 2008 at the Registrar’s office in Nairobi. The marriage was on 11th October 2009 blessed with a child G M K. In 2010 the couple visited the respondent’s home and was surprised to learn that she had another child A W K. This fact had been hidden from him. He further found out that the respondent was earlier married to one P K under Kikuyu Customary Law. He was the father of A. They returned to the matrimonial home, but in July 2012 the respondent returned to her husband P K where she stays up to now. 3. The petitioner seeks the annulment of the marriage. I grant the prayer. The marriage was null ab initio as the respondent had no capacity to marry as she was in another relationship. 4. The petitioner stays with A and G and seeks their custody. The request is granted. 5. The respondent shall pay costs of the petition. DATED and DELIVERED at NAIROBI this 18th September 2014 A.O. MUCHELULE JUDGE
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