6/16/2020 AFRICA LAW CENTRE: SAMPLE DIVORCE PETITION

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AFRICA LAW CENTRE

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SAMPLE DIVORCE PETITION NOTES
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REPUBLIC OF KENYA
LEGAL NEWS ALERTS IN THE HIGH COURT OF KENYA AT NAIROBI
The impact of the new land registration FAMILY DIVISION AREAS OF LAW
regulations in Kenya DIVORCE CAUSE NUMBER                       OF 2008
ACCOUNTING FOR LAWYERS
Recent changes to the Law of Succession
in Kenya ADMINISTRATIVE LAW

New Changes to the Immigration Laws in XXXXXXXXXXXXXXXXXX ………………………………………………. PETITIONER AFFIDAVITS

Kenya AGENCY LAW
New VAT Regulations published by KRA VERSUS AGREEMENTS
Amendments to the Companies Act ALTERNATIVE DISPUTE RESOLUTION
Land transactions move to eCitizen YYYYYYYYYYYYYYYY……………………….………………………… RESPONDENT
BANKING LAW
online portal
CHILDREN AND THE LAW
Firms and individuals who own idle land -PETITION-
risk losing the properties upon the CIVIL LITIGATION
expiry of their lease terms. CIVIL PROCEDURE LAW
TO
THE HONOURABLE JUDGE COMMERCIAL LAW
MOST VIEWED POST TODAY HIGH COURT OF KENYA COMMERCIAL TRANSACTIONS
FAMILY DIVISION COMPANIES FORMATION
Yeeeeaaay!!!! Our Website is now NAIROBI
COMPANY LAW
active...You can now access it  Here
COMPETITION LAW
Nevertheless, this blog site shall THE HUMBLE PETITION OF XXXXXXXXXXXXXXXXXX OF POST OFFICE BOX NUMBER WWWWWWW VILLAGE MARKET NAIROBI IN THE REPUBLIC
continue to be of service to y... CONFLICT OF LAW
OF KENYA SHOWETH:-

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CONSTITUTIONAL LAW
CONSUMER PROTECTION
1.                      That on the 04.06.2004, the Petitioner then known as XXXXXXXX and the Respondent then known as YYYYYYYYYYYY,
CONTRACT LAW
formalized their marriage at the Registrar’s office, Nairobi under the Marriage Act, Cap 150, Laws of Kenya. Annexed
CONVEYANCING
herewith and marked Exhibit “A” is a copy of the marriage certificate.
COOPERATIVES LAW
2.          That during the subsistence of the marriage, the Petitioner and the Respondent  co-habited as husband and wife at the
COPYRIGHT
following principle places;
a)      Lang’ata – 2004 June to September 2004. COPYRIGHT LAW

b)     Respondent went to Nigeria in September 2004. Parties lived in Nigeria until October 2005 when Petitioner came back to CRIMINAL LAW
deliver their second born baby. CRIMINAL PROCEDURE
c)      November 2005 – January 2006 lived at Muringa Court, in Kilimani CUSTOMARY LAW
d)      XXXXXXX 1 Estate along Mbagathi Way January 2006 to date EAST AFRICA REGIONAL LAW
3.                  That the union was blessed with two issues namely; - ELECTORAL LAW
-          VVVVVVVVVVVV born on 05.10.2003 EMPLOYMENT LAW
-          SSSSSSSSSSSSSSSS born on 22.11.2005
ENVIRONMENTAL LAW
4.                  The Petitioner is an Administrator by profession while the Respondent is a businessman in Nairobi.
EQUITY
5.                  That both the Petitioner and the Respondent are resident and domiciled in the Republic of Kenya.
EVIDENCE
6.                  That there have been no previous proceedings and there are no proceedings pending between the parties herein touching
on the marriage herein. FAMILY LAW

7.                                  That during the subsistence of the marriage, the Respondent has treated the Petitioner with cruelty the principle GENERAL
particulars of which are as follows; - HEALTH AND THE LAW
HIRE PURCHASE LAW
Particulars of Cruelty How To
How To Register
================
HUMANITARIAN LAW
a. The Respondent always comes home very late in the night without explaining where he was for the better part of the night.
IMMIGRATION
The Respondent has further made it a habit to spend his nights out of the matrimonial home drinking alcohol and returning
IMMIGRATION LAW
home in a drunken stupor.
INFORMATION LAW
b. The Respondent did not offer the necessary protection to the Petitioner when the Petitioner was residing with him at a
INSURANCE LAW
rented house in Kakamega during the post-election crisis of 2007/2008 although the Respondent knew the petitioner was
INTELLECTUAL PROPERTY LAW
Kikuyu and under imminent attack in Western Province where the parties were living.
INTERNATIONAL CRIMINAL LAW
c. The Respondent has consistently failed to pay rent on time occasioning the parties to be thrown out of the house hence
INTERNATIONAL DISPUTE
causing the Petitioner and the children of the marriage undue agony and embarrassment
RESOLUTION
d. The Respondent has consistently made irrational decisions without consulting the Petitioner who is his spouse to wit during INTERNATIONAL ECONOMIC LAW
the December 2007 General Elections the Respondents single handedly made the decision to run for a Parliamentary seat
INTERNATIONAL HUMAN RIGHTS
without any consultation whatsoever with the Petitioner who was his wife. Further the Respondent resigned from his
INTERNATIONAL ORGANIZATIONS
employment as an Operations Officer with the World Health Organization without any consultation with the Petitioner, his LAW
wife. The Respondent made up his mind to buy land in Karen and later changed his mind to co-buy the same parcel of land
INTERNATIONAL TRADE LAW
with a third party without any consultations with the Petitioner.
ISLAMIC LAW

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e. The Respondent has refused to acknowledge that the Petitioner can be a role player in the running of the family and always JURISPRUDENCE
shrugs off the Petitioner’s request that the parties sit down to discuss investment options of the family. LABOUR LAW
f. The Respondent has consistently failed to pay School fees for the children of the marriage on time leading to the children’s LAND LAW
send off from school on several occasions. The Respondent has on several occasions issued bounced cheques in favour of the LAW OF BUSINESS ASSOCIATION
school where the children of the marriage study occasioning the family untold embarrassment and inconvenience to the LAW OF GENDER RELATIONS
children’s schooling.
LAW OF SCIENCE AND TECHNOLOGY
g. The Respondent has consistently failed to meet his part of the agreement with the Petitioner that he meets school fees and LAW OF THE SEA
rent and subsequent acquisition of a matrimonial home for the family.
LEGAL AND LEGISLATIVE DRAFTING
h. The Respondent has generally failed to perform family responsibilities. LEGAL SYSTEMS AND RESEARCH
i. The Respondent has failed to show any concern and affection towards the children who keep asking the Petitioner “where is MEDIA LAW
dad” and the Petitioner has to keep cheating them that he is in the office. The Respondent always states that loving a child PARTNERSHIP LAW
is spoiling a child.
PROBATE AND ADMINISTRATION
j. The Respondent has consistently failed to attend to the school events involving the children of the marriage.
PROCEDURE
k. The Respondent’s conduct has psychologically affected the Petitioner causing her stress and necessitated the Petitioner to PROPERTY LAW
undergo stress treatment.
PUBLIC INTERNATIONAL
l. Respondent has insisted that he is the man of the house and often quarrels petitioner whenever Petitioner undertakes REFUGEE LAW
repairs at the house hence causing trauma to both the Petitioner and the children of the marriage.
REGISTRATION
m. The Respondent has insisted that he is not going to change from the foregoing. REGISTRATION OF SOCIETIES
n. The Respondent has refused to attend counseling in spite of proposals to that effect by the Petitioner. SALE OF GOODS
SOCIAL FOUNDATIONS OF LAW
8.                  That the Petitioner has not been an accessory to, connived at or condoned the Respondent’s cruelty complained of in this
Petition. STANDARD FORMS

9.                  That this Petition is neither presented nor prosecuted in collusion with the Respondent. SUCCESSION
10.              That this Honourable Court has Jurisdiction to hear and determine this matter. TAX LAW
TORTS LAW
REASONS WHEREFORE the Petitioner prays for: - TRIAL ADVOCACY
(a)    That the marriage between the Petitioner and the Respondent be dissolved. TRUST ACCOUNTS
(b)   An order restraining the Respondent from molesting, assaulting or otherwise harassing the Petitioner. TRUSTS LAW
(c)    That the Respondent be condemned to bear the costs of this cause.
(d)      Any further or other relief that this Honourable Court may deem just and fit to grant to the Petitioner in the
circumstances.

DATED at Nairobi this                        day of                                      2008.

_________________________
XXXXXXXXXXXXXXXXXX
PETITIONER

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DRAWN & FILED BY:-

XXXXXXXX AND COMPANY
ADVOCATES
XXXXXXXX PLAZA, 4TH FLOOR
MUTHITHI ROAD, 
P.O. BOX XXXXXXXX – 00400
NAIROBI

TO BE SERVED UPON:-
YYYYYYYYYYYYY
MOMBASA ROAD
NAIROBI

[Service to be effected through the Petitioner’s advocates offices.]

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NUMBER                       OF 2008

XXXXXXXXXXXXXXXXXX ………………………………………………. PETITIONER

VERSUS

YYYYYYYYYYYYYYYY……………………….………………………… RESPONDENT
 
-VERIFYING AFFIDAVIT-

I, XXXXXXXXXXXXXXXXXXXXX of Post Office Box Number ……………… VILLAGE MARKET NAIROBI do hereby make oath and state as
follows: -

1. That I am the Petitioner herein and hence competent to swear this Affidavit.

2. That I do hereby declare that the contents of the Petition filed herein are true to my personal knowledge.

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3. That I have not been an accessory to, condoned, connived at or conduced to the Respondent’s cruelty as set out in the
Petition.

4. That this Petition has not been presented or prosecuted in collusion with the Respondent.

5. That there is no other suit pending in any court over the same matter.

6. That what is deponed herein is true to the best of my knowledge, information and belief save where otherwise stated.

SWORN at Nairobi by the said                                )

XXXXXXXXXXXXXXXXX                                 )   …………………………...                                                                                                
)           DEPONENT            
This                 day of              2008                            )                      
                                                                                    )
BEFORE ME:-                                                         )
                                                                                             )
)
)
COMMISSIONER FOR OATHS                           )

DRAWN & FILED BY:

ASIEMA AND COMPANY
ADVOCATES
OCCIDENTAL PLAZA, 4TH FLOOR
MUTHITHI ROAD, OFF MPAKA ROAD
P.O. BOX 11789 – 00400
NAIROBI

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NUMBER                       OF 2008

XXXXXXXXXXXXXXXXXX ………………………………………………. PETITIONER

VERSUS

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YYYYYYYYYYYYYYYY……………………….………………………… RESPONDENT

-NOTICE TO APPEAR-

To:
YYYYYYYYYYYYYYYYYY
NAIROBI

TAKE NOTICE that you are required, within Eight (8) days after service hereof upon yourself, inclusive of the
day of such service, to enter an appearance either in person or by your advocate at the High Court Family
Division at Nairobi, should you think fit so to do, and thereafter to make answer to this petition, and that, in
default of your so doing, the court will proceed to hear the petition and pronounce judgment, your absence
notwithstanding.

This Petition is filed and this Notice is issued by XXXXXXX and Company, Advocates, XXXXXXX Plaza, 4th
Floor, Muthithi Road, P.O. Box XXXXXXXX – 00400, Nairobi.

DATED at Nairobi this day of 2008

-------------------------------
DEPUTY REGISTRAR
HIGH COURT
FAMILY DIVISION

NOTE: Any person entering an appearance must at the same time furnish an address for service.

1 comment:

Paul Cianfaglione 23 April 2019 at 00:21

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These days, around half of all marriages end in divorce.

That’s a pretty sad statistic… especially because so many of those divorces are preventable.

In reality, many marriages end prematurely. Why? Well, there are two reasons.

Neither spouse knows how to prevent the passion, intimacy, and romantic connection from gradually fading away.
They make the 3 “Marriage Murdering Mistakes” that very few people know about… and sadly, these 3 mistakes can quickly drive
your marriage into disaster and divorce.
If you’re in this situation…

If your marriage is dead-as-a-doornail…

If you’re heading towards divorce, or even if you’re already at that point…

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The best part is that you can apply the techniques described in his video on your own… without your wife even being aware that
you’re making an effort to save the marriage.

So don’t lose hope just because your partner refuses to attend marriage counselling, or won’t put in the effort to fix the problems
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Watch the video now by clicking here: Transform Your Marriage in Minutes<=

There’s no catch to this, and no marketing gimmicks… just a complimentary in-depth guide to saving your marriage.

At the very least, you should watch the first few minutes where Brad reveals the 3 ‘Marriage Murdering Mistakes’… these 3
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The techniques in the video have already worked for hundreds of married couples…. and they’ll work for you, too. What are you
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Here’s to a happy, healthy, and long-lasting marriage!

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Talk to you soon,

-[[Ana]]-
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