Landmark Ruling: Man’s Bid to End 22-Year Union Rejected as Court Declares No Marriage Existed
In a surprising turn of events, the High Court has ruled that a man seeking to dissolve his 22-year union with a woman was never legally married to her.
The case, which was brought before High Court Judge Helene Namisi, has raised questions about the legal recognition of customary marriages in Kenya.
The man, identified only as JTO, had lived with a woman, codenamed AP, for over two decades. Their relationship began in 1998, and the couple had three children together. However, their long-standing relationship faced challenges in December 2020 when AP relocated to the United States. Frustrated by her refusal to return to Kenya, JTO sought to end their union by filing for a divorce in a magistrate’s court.
JTO claimed that he had married AP under Luo customary law, but his attempt to prove the existence of a traditional marriage was met with skepticism by the court.
The magistrate’s court ruled that there was insufficient evidence to support JTO’s claim of a valid customary marriage, and his request for a divorce was denied. Dissatisfied with the ruling, JTO appealed to the High Court, hoping for a different outcome.
However, Justice Namisi upheld the lower court’s decision, stating that JTO had failed to provide concrete evidence to establish that the customary marriage rites had been properly concluded. “I concur with the trial court that the appellant failed to prove his case to the requisite standard. As such, I find no reason to interfere with the decision. The appeal is hereby dismissed,” ruled Justice Namisi.
The judge further noted that for a customary marriage to be legally recognized, it must be registered within six months of the completion of the rituals. JTO’s failure to register the marriage effectively disqualified him from seeking a formal divorce.
“Ostensibly, having overlooked the aspect of registration of his customary marriage, the appellant was locked out from seeking a dissolution of whatever nature of union he shared with the respondent,” Justice Namisi observed.
In a striking remark, the judge highlighted the irony of JTO’s situation, noting that his insistence on a divorce seemed unnecessary given the lack of legal recognition of the marriage. “It is difficult to comprehend why the appellant would persist with this cause, yet he has been ‘freed’ from the union, the very remedy he sought in the trial court. I would hazard a guess that this goes beyond the mere divorce cause. There may be other interests at play that may not necessarily be reflected in the pleadings,” she added.
Justice Namisi’s ruling underscores the importance of adhering to legal procedures in the recognition of marriages, particularly in cases involving customary practices.
The case serves as a reminder that even long-term cohabitation and shared responsibilities may not be sufficient to establish a legally recognized marriage without proper registration.
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Landmark Ruling: Man’s Bid to End 22-Year Union Rejected as Court Declares No Marriage Existed
