TKM V. SMW

JUDGMENT OF THE COURT

The marriage between the parties in this appeal was solemnized on 10^th December, 1999 at the Registrar’s Office in Mombasa. They were blessed with three issues, FOM and twins INM and MSM, who were respectively 14, 12 and 12 in 2013 when the originating summons was taken out. Following the marriage, the couple cohabited in Nyali, Mombasa, up to 2002 before they relocated to Serena area, Mombasa. They separated on 24^th March, 2009 when the respondent left their matrimonial home after a disagreement, which made it difficult for them to continue living under the same roof. They were granted joint custody and equal maintenance of the children in Children’s Case No. 234 of 2009. The respondent then petitioned for divorce on grounds of cruelty and desertion, as a result of which their marriage was dissolved on 8^th February, 2016 in Divorce Cause No. 63 of 2012. Apart from the children the couple were also blessed with real and personal property.

The respondent took out an…