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(2017) JELR 95585 (CA)

Court of Appeal  •  Civil Appeal 332 of 2014  •  28 Jul 2017  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Agnes Kalekye Murgor



The appellant, (a Kenyan citizen) and the respondent, (a Slovenian national) met at the University of [Particulars withheld] in the former Federal Socialist Republic of Yugoslavia where they were students. The latter was reading for her Masters Degree in Architectural Engineering and the former, a degree in Agronomy. They got married on 12th September 1964 in Yugoslavia. They got married only after the respondent had confirmed from Kenya that the appellant was single. Their union was blessed with three sons born in 1964, 1969 and 1975, respectively. In 1968, the appellant returned to Kenya immediately upon completion of his studies in October 1968. In December, the respondent joined him.

In 1979, the respondent discovered that, contrary to confirmation she had received from Kenya, the appellant was already married to one, C O N, and as such had no capacity to enter into a marriage with her. Consequently, the respondent filed proceedings for the nullification of theā€¦

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