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To the Lawyers in the House
kadonye
#21 Posted : Friday, September 24, 2010 5:44:08 PM
Rank: Elder


Joined: 5/30/2009
Posts: 1,390
@Mjuaji, mimi si wakili

Lakini siku moja nitasomea sheria

I touched on a few law units within the courses I studied in college
What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
Wendz
#22 Posted : Friday, September 24, 2010 6:17:51 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
My 2 cents wrote:

On the part of the the denier or the denied?????
Kuna watu wengine wanaitaka 24/7


You signed the kifungu cha maisha..... Ni haki yao... there was no prescription like dawa ati 1x3 or 1x1 daily....
quicksand
#23 Posted : Friday, September 24, 2010 7:00:37 PM
Rank: Veteran


Joined: 7/5/2010
Posts: 2,061
Location: Nairobi
Love the way the thread is slowly losing traction ...smile anyway; with women, there is no such thing as rights, not if you are a sensible man anyways. Its a balancing act of moods and emotions, quid pro quo and a feeling of Mutual Assured Destruction
lisaox
#24 Posted : Monday, September 27, 2010 2:54:42 PM
Rank: Member


Joined: 7/4/2010
Posts: 118
Section 8 of the Matrimonial Causes Act:
"8.(1) A petition for divorce may be presented to the court Grounds of either by the husband or the wife on the ground that the respondent -
(a) has since the celebration of the marriage committed adultery; or

(b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or

(c) has since the celebration of the marriage treated the petitioner with cruelty; or

(d) is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition,

and by the wife on the ground that her husband has, since the celebration of the marriage, been guilty of rape, sodomy or bestiality.

(2) For the purposes of subsection (1) of this section, a person of unsound mind shall be deemed to be under care and treatment while he is detained, whether in Kenya or else- where, in an institution duly recognized by the Government as an institution for the care and treatment of insane persons lunatics or mental defectives, or is detained as a criminal lunatic under any law for the time being in force in Kenya; and a certificate under the hand of the Minister that any place is a duly recognized institution for the purpose of this section shall be receivable in all courts as conclusive evidence of that fact."

Clarity....aaaaahhhh!!! Just petition for divorce under one of the grounds above, presumably (b) and perhaps (c) too.

The absence of the marriage cert is something that can be explained through a statutory declaration or oath or other documents to be filed when petitioning for divorce.
Oh, and hopefully its not that the guy is insane but not strictly speaking not in a mental institution coz he must be in such an institution for at least 5 yrs for this to be a ground for dvorce.(check subsec 2)
mlefu
#25 Posted : Monday, September 27, 2010 6:27:53 PM
Rank: Elder


Joined: 2/11/2007
Posts: 1,680
Location: nairobi
if she has made it for 3 years without the marriage certificate insight, she can do better with the rest of her life without the divorce certificate insight
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