LS v KS (Family Cause E160 of 2023) [2025] KEHC 14271 (KLR) (Family) (9 October 2025) (Judgment) Neutral citation: [2025] KEHC 14271 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY FAMILY CAUSE E160 OF 2023 HK CHEMITEI, J OCTOBER 9, 2025 BETWEEN LS ................................................................................................................ APPLICANT AND KS ........................................................................................................... RESPONDENT JUDGMENT 1. In her unopposed Petition dated 1st August 2023 the Petitioner seeks orders that:(a) The marriage celebrated between the Petitioner and the Respondent on or about 13th October 2010 be deemed dissolved. (b) The divorce/dissolution issued on 4th December 2013 by the Ganserndorf District Court, Division 6 Ganserndorf in Austria be re sealed and upheld as an order of this court and the divorce of the marriage be registered in Kenya. 2. The petition is supported by the grounds thereof and the affidavit by the Petitioner sworn on the same date. 3. As stated above the petition which is brought under Section 22 and 61 of the Marriage Act is not opposed. It shows that the Petitioner and the Respondent married each other at the Marriage Registry Nakuru on 4th October 2010 and moved to Austria. 4. Their marriage did not last long and they did enter into a formal consent to divorce each other which the court in Austria endorsed it on 4th December 2013. 5. In view of the above provisions of the Act this court has no option but to allow the petition. There was no opposition from the Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14271/eng@2025-10-09 1
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6. The petition is hereby allowed as prayed. 7. Costs in the cause. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 9TH DAY OF OCTOBER 2025. H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14271/eng@2025-10-09 2
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