Nairobi Court Deals Blow To Man Seeking Divorce After 22-Year Marriage, Rules Wife Wasn't His

• A Kenyan man wanted to divorce his wife of 22 years after she left for the US and refused to return home
• Despite having three children with the woman, the court found that the appellant did not have proper documentation to prove their marriage
• Justice Helene Namisi stated that couples must apply for a marriage certificate after six months of completing customary rituals

Nancy Odindo, a journalist at TUKO.co.ke, brings more than three years of experience covering politics, news, and feature stories across digital and print media in Kenya.

Nairobi - A Kenyan man was stunned when a Nairobi court denied his request for a divorce from his wife of 22 years.

The man had sought to end the marriage after his wife moved to the United States in December 2020 and refused to return home.

Despite having three children together and living as a couple until her departure, the court found that the appellant lacked formal documentation to prove the marriage, which was conducted according to Luo tradition.

Initially, a lower court ruled that the man was not legally married, but he appealed the decision to the High Court. Judge Helene Namisi upheld the lower court's ruling.

"I concur with the trial court that the appellant did not meet the required standard of proof. Therefore, I see no reason to overturn the decision, and the appeal is dismissed.

"It would be absurd to tell two individuals who have lived together for most of their adult lives, participated in marriage rituals, presented themselves as husband and wife, had three children, and shared both hardships and joys, that their union is not a marriage simply because it wasn't registered and certified," said Justice Helene Namisi.

Justice Helene Namisi advises traditionally wedded couples

The judge suggested that the man's request for a divorce seemed questionable, as he had not met the legal requirements for marriage registration and was thus already considered free from marital obligations.

“It’s hard to understand why the appellant continues with this case after being 'freed' from the union, the very remedy he sought in trial court. This situation likely goes beyond the divorce; other interests may be at play, not fully captured in the pleadings," she remarked.

She emphasised that couples must apply for marriage registration within six months after completing customary rituals.

Court permits man to delete name from child's document

In other news, a Kenyan man was relieved after a Kisumu court allowed him to delete his name from a child's birth certificate after three DNA tests about the paternity of the child proved negative.

The man was in a relationship with the child's mother while they were working in the same company, which led to pregnancy, but he later doubted if the child was his.

The child's mother opposed the removal of his name from the birth certificate, arguing that the tests were inconclusive regarding his paternal role.

Proofreading by Mercy Nyambura Guthua, journalist and copy editor at TUKO.co.ke