NAIROBI, Kenya Apr 10 – The High Court in Machakos has ruled that marriage should not be preserved at the expense of a spouse’s emotional or psychological well-being, stating that courts should not compel parties to remain in unions that have irretrievably broken down.
In his judgment, Justice Noel Adagi allowed an appeal and set aside a lower court decision that had declined to dissolve a long-standing marriage, instead granting judicial separation.
The court held that where a marriage has collapsed beyond repair, continued legal enforcement of the union serves no meaningful purpose.
“The law does not require spouses to endure emotional or psychological suffering in the name of preserving a marriage,” the judge stated, emphasizing that the judiciary must prioritize fairness and human dignity in family disputes.
The case began in 2021 when the husband petitioned for divorce, accusing his wife of cruelty, desertion, and adultery. He told the court that the marriage had become unbearable and that repeated attempts at reconciliation through family interventions had failed.
He argued that the relationship had broken down completely and could no longer be sustained.
The wife opposed the divorce petition and instead sought judicial separation, citing her religious beliefs. She denied the allegations leveled against her and accused her husband of cruelty, including withdrawal from the marriage and denial of conjugal rights.
In 2023, a lower court dismissed the divorce petition, finding that the marriage could still be salvaged. It granted judicial separation, giving the couple time apart in the hope of possible reconciliation.
However, the husband appealed the decision, arguing that the court had ignored clear evidence that the marriage had already collapsed.
On appeal, the High Court found that the relationship had irretrievably broken down, noting that the couple had lived separately since 2020 and had not maintained a meaningful marital relationship for years.
Justice Adagi faulted the trial court for attempting to preserve a union that had already ceased to function, stating that judicial separation is only appropriate where there is a realistic prospect of reconciliation.
The court further held that marriage is founded on companionship, mutual support, and affection, and once these elements are lost, there is no legal basis to compel parties to remain bound.
In allowing the appeal, the High Court set aside the earlier ruling and granted a divorce, bringing to an end a marriage that had been solemnized in 2003.
The court issued a decree nisi, which will become absolute after 30 days, formally dissolving the union.