REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MILIMANI AT NAIROBI FAMILY DIVISION MISC. APPLICATION NO. 58 OF 2012 G V D F………….………………………………APPLICANT R N W……………………….………………RESPONDENT RULING 1. Regrettably, the court file relating to this miscellaneous application was misplaced and as a result, this ruling could not be delivered as scheduled. 2. The applicant sought in his originating summons dated 2nd May 2012 for an order to file a petition in the divorce registry at Nairobi for dissolution of his marriage to R N W which was solemnized on July 28th, 2011 notwithstanding that the period of three years had not elapsed since the date of solemnization of the said marriage. 3. The period of three (3) years has now elapsed since the marriage was solemnized and the applicant is entitled in law to petition for divorce without leave of the court. This makes leave unnecessary. 4. The effluxion of time has also rendered the ruling superfluous. G.B.M. KARIUKI, SC JUDGE Delivered at Milimani Law Courts, Nairobi, on this 6 th day of February 2015 by the Honourable Justice W. Musyoka on behalf of Justice G.B.M. Kariuki. JUDGE COUNSEL APPEARING Mr. Wycliffe advocate, of M/s Kitheka & Co. Advocates for the applicant No appearance for the respondent Court clerk – Mr. Wahinya Kugwa
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