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
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
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 Nigeria
c) November 2005 – January 2006 lived at
Muringa Court
d) XXXXXXX 1 Estate along Mbagathi Way
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
================
- 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.
- 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
- 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
- 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.
- 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.
- 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.
- 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.
- The
Respondent has generally failed to perform family responsibilities.
- 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.
- The
Respondent has consistently failed to attend to the school events
involving the children of the marriage.
- The
Respondent’s conduct has psychologically affected the Petitioner causing her
stress and necessitated the Petitioner to undergo stress treatment.
- 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.
- The
Respondent has insisted that he is not going to change from the foregoing.
- 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
_________________________
XXXXXXXXXXXXXXXXXX
PETITIONER
DRAWN & FILED BY:-
XXXXXXXX AND COMPANY
ADVOCATES
P.O. BOX XXXXXXXX
–
TO BE SERVED UPON:-
YYYYYYYYYYYYY
[Service to be effected through
the Petitioner’s advocates offices.]
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: -
- That I am the Petitioner herein and hence competent to swear this
Affidavit.
- That I do hereby declare that the contents of the Petition filed herein
are true to my personal knowledge.
- That I have not been an accessory to, condoned, connived at or conduced
to the Respondent’s cruelty as set out in the Petition.
- That this Petition has not been presented or prosecuted in collusion
with the Respondent.
- That there is no other suit pending in any court over the same matter.
- That what is deponed herein is true to the best of my knowledge,
information and belief save where otherwise stated.
SWORN at Nairobi
XXXXXXXXXXXXXXXXX ) …………………………... ) DEPONENT
This day of 2008 )
)
BEFORE ME:- )
)
)
)
COMMISSIONER FOR OATHS )
DRAWN & FILED BY:
ASIEMA AND COMPANY
ADVOCATES
P.O. BOX 11789 –
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
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 , 4th Floor, Muthithi Road .O. Box XXXXXXXX –Nairobi
DATED at Nairobi
-------------------------------
DEPUTY
REGISTRAR
HIGH COURT
FAMILY
DIVISION
NOTE: Any
person entering an appearance must at the same time furnish an address for
service.
