A 27-year-old woman who declined to perform sexual relations with her husband and another woman has been granted a divorce by a court.
The woman had gone to court complaining of cruelty experienced at the hands of her 75-year-old husband and sought the separation which was granted by Judge M Thande.
Delivering the judgement the judge said
“The respondent (husband) cruelly treated her through physically assaulting her and introducing a third party to their matrimonial bed. I have no reason to doubt the testimony of the petitioner,”
The couple who were referred by their initials in the suit papers got married on August 8, 2011, at the Registrar’s office in Mombasa.
The woman identified as NMM said two cohabited in Mtwapa after marriage. However, they later separated in July 2015.
The woman then filed for divorce as she wanted to move on with her life.
Chapter 52, Part 1, Section 8 of the Matrimonial Causes Act sets forth the grounds for a divorce in Kenya.
Basically, they are:
Adultery; desertion for at least 3 years preceding the filing of the divorce petition.
Cruelty; of incurably unsound mind and under continuous care and treatment for at least 5 years preceding the filing of the divorce petition, and if filed by the wife, that the husband has been guilty of rape, sodomy, or bestiality.