WANGARI MARY JOSEPHINE MATHAI V. ANDREW STEPHEN MWANGI MATHAI

JUDGMENT OF THE COURT

LAW JA

I need not repeat the facts which are sufficiently set out in the judgment prepared by Miller JA. This appeal raises yet again the vexed question as to the standard of proof necessary to establish the commission of the matrimonial offences of adultery and cruelty. The learned advocates in this case have referred us to many relevant authorities, both English and Kenyan, on this point. By section 10 of the Matrimonial Causes Act (cap 152) the duty of the court is stated to be that it must inquire into the facts alleged, and “if satisfied on the evidence that the case for the petitioner has been proved” it shall pronounce a decree of divorce. English case law is relevant, as by section 3 of the Act, jurisdiction under that act shall be exercised in accordance with the law applied in matrimonial proceedings in the High Court of Justice in England. Mr Muite referred us to the relevant English cases, including Blyth v. Blyth [1966] 1 All ER 524, Bastable v. Basta…