SAMPLE DIVORCE PETITION

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

DIVORCE CAUSE NUMBER                       OF 2008

XXXXXXXXXXXXXXXXXX ………………………………………………. PETITIONER

VERSUS

YYYYYYYYYYYYYYYY……………………….………………………… RESPONDENT

-PETITION-

TO

THE HONOURABLE JUDGE

HIGH COURT OF KENYA

FAMILY DIVISION

NAIROBI

THE HUMBLE PETITION OF XXXXXXXXXXXXXXXXXX OF POST OFFICE BOX NUMBER WWWWWWW VILLAGE MARKET NAIROBI IN THE REPUBLIC OF KENYA SHOWETH:-

1.           That on the 04.06.2004, the Petitioner then known as XXXXXXXX and the Respondent then known as YYYYYYYYYYYY, formalized their marriage at the Registrar’s office, Nairobi under the Marriage Act, Cap 150, Laws of Kenya. Annexed herewith and marked Exhibit “A” is a copy of the marriage certificate.

2.         That during the subsistence of the marriage, the Petitioner and the Respondent  co-habited as husband and wife at the following principle places;

a)      Lang’ata – 2004 June to September 2004.

b)    Respondent went to Nigeria in September 2004. Parties lived in Nigeria until October 2005 when Petitioner came back to deliver their second born baby.

c)      November 2005 – January 2006 lived at Muringa Court, in Kilimani

d)      XXXXXXX 1 Estate along Mbagathi Way January 2006 to date

3.                  That the union was blessed with two issues namely; -

-          VVVVVVVVVVVV born on 05.10.2003

-          SSSSSSSSSSSSSSSS born on 22.11.2005

4.                  The Petitioner is an Administrator by profession while the Respondent is a businessman in Nairobi.

5.                  That both the Petitioner and the Respondent are resident and domiciled in the Republic of Kenya.

6.                  That there have been no previous proceedings and there are no proceedings pending between the parties herein touching on the marriage herein.

7.                  That during the subsistence of the marriage, the Respondent has treated the Petitioner with cruelty the principle particulars of which are as follows; -

Particulars of Cruelty

================

1. The Respondent always comes home very late in the night without explaining where he was for the better part of the night. The Respondent has further made it a habit to spend his nights out of the matrimonial home drinking alcohol and returning home in a drunken stupor.
2. The Respondent did not offer the necessary protection to the Petitioner when the Petitioner was residing with him at a rented house in Kakamega during the post-election crisis of 2007/2008 although the Respondent knew the petitioner was Kikuyu and under imminent attack in Western Province where the parties were living.
3. The Respondent has consistently failed to pay rent on time occasioning the parties to be thrown out of the house hence causing the Petitioner and the children of the marriage undue agony and embarrassment
4. The Respondent has consistently made irrational decisions without consulting the Petitioner who is his spouse to wit during the December 2007 General Elections the Respondents single handedly made the decision to run for a Parliamentary seat without any consultation whatsoever with the Petitioner who was his wife. Further the Respondent resigned from his employment as an Operations Officer with the World Health Organization without any consultation with the Petitioner, his wife. The Respondent made up his mind to buy land in Karen and later changed his mind to co-buy the same parcel of land with a third party without any consultations with the Petitioner.
5. The Respondent has refused to acknowledge that the Petitioner can be a role player in the running of the family and always shrugs off the Petitioner’s request that the parties sit down to discuss investment options of the family.
6. The Respondent has consistently failed to pay School fees for the children of the marriage on time leading to the children’s send off from school on several occasions. The Respondent has on several occasions issued bounced cheques in favour of the school where the children of the marriage study occasioning the family untold embarrassment and inconvenience to the children’s schooling.
7. The Respondent has consistently failed to meet his part of the agreement with the Petitioner that he meets school fees and rent and subsequent acquisition of a matrimonial home for the family.
8. The Respondent has generally failed to perform family responsibilities.
9. The Respondent has failed to show any concern and affection towards the children who keep asking the Petitioner “where is dad” and the Petitioner has to keep cheating them that he is in the office. The Respondent always states that loving a child is spoiling a child.
10. The Respondent has consistently failed to attend to the school events involving the children of the marriage.
11. The Respondent’s conduct has psychologically affected the Petitioner causing her stress and necessitated the Petitioner to undergo stress treatment.
12. Respondent has insisted that he is the man of the house and often quarrels petitioner whenever Petitioner undertakes repairs at the house hence causing trauma to both the Petitioner and the children of the marriage.
13. The Respondent has insisted that he is not going to change from the foregoing.
14. The Respondent has refused to attend counseling in spite of proposals to that effect by the Petitioner.

8.                  That the Petitioner has not been an accessory to, connived at or condoned the Respondent’s cruelty complained of in this Petition.

9.                  That this Petition is neither presented nor prosecuted in collusion with the Respondent.

10.              That this Honourable Court has Jurisdiction to hear and determine this matter.

REASONS WHEREFORE the Petitioner prays for: -

(a)    That the marriage between the Petitioner and the Respondent be dissolved.

(b)   An order restraining the Respondent from molesting, assaulting or otherwise harassing the Petitioner.

(c)    That the Respondent be condemned to bear the costs of this cause.

(d)    Any further or other relief that this Honourable Court may deem just and fit to grant to the Petitioner in the circumstances.

DATED at Nairobi this                        day of                                      2008.

_________________________

XXXXXXXXXXXXXXXXXX

PETITIONER

DRAWN & FILED BY:-

XXXXXXXX AND COMPANY

ADVOCATES

XXXXXXXX PLAZA, 4^TH FLOOR

MUTHITHI ROAD, 

P.O. BOX XXXXXXXX – 00400

NAIROBI

TO BE SERVED UPON:-

YYYYYYYYYYYYY

MOMBASA ROAD

NAIROBI

[Service to be effected through the Petitioner’s advocates offices.]

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

DIVORCE CAUSE NUMBER                       OF 2008

XXXXXXXXXXXXXXXXXX ………………………………………………. PETITIONER

VERSUS

YYYYYYYYYYYYYYYY……………………….………………………… RESPONDENT

 

-VERIFYING AFFIDAVIT-

I, XXXXXXXXXXXXXXXXXXXXX of Post Office Box Number ……………… VILLAGE MARKET NAIROBI do hereby make oath and state as follows: -

1. That I am the Petitioner herein and hence competent to swear this Affidavit.

2. That I do hereby declare that the contents of the Petition filed herein are true to my personal knowledge.

3. That I have not been an accessory to, condoned, connived at or conduced to the Respondent’s cruelty as set out in the Petition.

4. That this Petition has not been presented or prosecuted in collusion with the Respondent.

5. That there is no other suit pending in any court over the same matter.

6. That what is deponed herein is true to the best of my knowledge, information and belief save where otherwise stated.

SWORN at Nairobi by the said                                )

XXXXXXXXXXXXXXXXX                                 )   …………………………...                                                                                                 )           DEPONENT            

This                 day of              2008                            )                      

                                                                                    )

BEFORE ME:-                                                         )

                                                                                             )

)

)

COMMISSIONER FOR OATHS                           )

DRAWN & FILED BY:

ASIEMA AND COMPANY

ADVOCATES

OCCIDENTAL PLAZA, 4^TH FLOOR

MUTHITHI ROAD, OFF MPAKA ROAD

P.O. BOX 11789 – 00400

NAIROBI

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

DIVORCE CAUSE NUMBER                       OF 2008

XXXXXXXXXXXXXXXXXX ………………………………………………. PETITIONER

VERSUS

YYYYYYYYYYYYYYYY……………………….………………………… RESPONDENT

-NOTICE TO APPEAR-

To:                  

YYYYYYYYYYYYYYYYYY

NAIROBI

TAKE NOTICE that you are required, within Eight (8) days after service hereof upon yourself, inclusive of the day of such service, to enter an appearance either in person or by your advocate at the High Court Family Division at Nairobi, should you think fit so to do, and thereafter to make answer to this petition, and that, in default of your so doing, the court will proceed to hear the petition and pronounce judgment, your absence notwithstanding.

This Petition is filed and this Notice is issued by XXXXXXX and Company, Advocates, XXXXXXX Plaza, 4^th Floor, Muthithi Road, P.O. Box XXXXXXXX – 00400, Nairobi.

DATED at Nairobi this                          day of                                        2008

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DEPUTY REGISTRAR

HIGH COURT

FAMILY DIVISION

NOTE: Any person entering an appearance must at the same time furnish an address for service.