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To the Lawyers in the House
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Jacy26
#1 Posted : Friday, September 24, 2010 11:28:25 AM
Rank: Member


Joined: 6/26/2008
Posts: 365
A friend of mine (please note it’s not me) needs to divorce her husband who deserted her. It’s been 3 years since the hubby left.

While leaving he carried the Marriage Certificate and other important documents belonging to the wife and he will not return them.

The wife now wants to institute divorce proceedings and needs to know whether a divorce can succeed without the Marriage Certificate. She also does not have a copy of the same. Any advise??
If you have only one smile in you, give it to the people you love - Maya Angelou
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Magigi
#2 Posted : Friday, September 24, 2010 11:36:19 AM
Rank: Elder


Joined: 3/31/2008
Posts: 7,081
Location: Kenya
...I think this is where the lawyer of Kirima's sons comes in... She will draw a list of the man's shortcomings, including being a witch...and the Judges will buy to that...and the lady can be free...
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Wendz
#3 Posted : Friday, September 24, 2010 11:44:40 AM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
Jacy26 wrote:
A friend of mine (please note it’s not me) needs to divorce her husband who deserted her. It’s been 3 years since the hubby left.

While leaving he carried the Marriage Certificate and other important documents belonging to the wife and he will not return them.

The wife now wants to institute divorce proceedings and needs to know whether a divorce can succeed without the Marriage Certificate. She also does not have a copy of the same. Any advise??


Am not a lawyer but in my layman's understanding, the certificate is just a paper to confirm that yes, there institution of marriage is recognised by the state.... loss/damage of the same can not stop a divorce from happening... its like saying, if i knew my husband wants to divorce me and i dont want, i can eat up the cert and viola, he is stuck with me for EVER! You can get a copy from Sheria house - i think.

Desertion/denying conjugal rights etc are grounds she can use - if they have exhausted all other avenues of reconciling.... However, divorce is usually a hard thing so she's got to be sure that is really what she wants... and also prepare the children too - if any children are involved.
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Ondiek
#4 Posted : Friday, September 24, 2010 12:24:44 PM
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Joined: 6/21/2009
Posts: 292
You do not need the marriage cert to institute divorce proceedings. Desertion is a ground for divorce and that is all that she will have to proove.
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mukiha
#5 Posted : Friday, September 24, 2010 12:35:36 PM
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Joined: 6/27/2008
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Imagine if she filed the case and the hubby came up and denied that he was ever married to her.....asking her to show proof....

That would automatically serve her objective.... to sever the relationship

Unless she wants to take some of the matrimonial property.....
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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mjuaji wa stocks
#6 Posted : Friday, September 24, 2010 12:43:54 PM
Rank: Member


Joined: 1/16/2010
Posts: 672
Location: nairobi
Yaani hamjui kunanga copy inarudi kwa A.G chambers....kweli naona wengi hapa ...huwa wan-sign tu......Applause Applause Applause Applause Applause

but how many copies did you sign???

How many copies do you have?

Hizo zingine ziko wapi??

Hata ukichoma ama rarua.....utapatikana mbaya....Shame on you Shame on you

Divorce si option....kaeni hivyo hivyo tu...probably mtarudi ku-pendana Applause Applause Applause
God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!
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Wendz
#7 Posted : Friday, September 24, 2010 1:05:41 PM
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Joined: 6/19/2008
Posts: 4,268
mukiha wrote:
Imagine if she filed the case and the hubby came up and denied that he was ever married to her.....asking her to show proof....

That would automatically serve her objective.... to sever the relationship

Unless she wants to take some of the matrimonial property.....


@mukiha,

I would assume you can get a copy from the registrar. That's how they are able to tell if you are committing bigamy when marrying officially for the second time....
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Jacy26
#8 Posted : Friday, September 24, 2010 1:06:07 PM
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Joined: 6/26/2008
Posts: 365
You guys are just funny.....@Mukiha there is no property to talk of. She just needs to be free of him.
If you have only one smile in you, give it to the people you love - Maya Angelou
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The Real Shaft
#9 Posted : Friday, September 24, 2010 1:12:11 PM
Rank: Veteran


Joined: 11/19/2008
Posts: 839
no you can not....

you need to prove to the court...

that you are indeed married.....

the certificate confirms under what law...

you were joined together...

as it is by the same law...

you shall be divorced...

go to the registrar of persons...

you will get a copy...

I'm the real Massey Fergu...... Shut your mouth....
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Jacy26
#10 Posted : Friday, September 24, 2010 1:17:25 PM
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Joined: 6/26/2008
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@Real Shaft, thanks. Is it Registrar of Persons or Registrar of Marriages and is he/she at Sheria House?
If you have only one smile in you, give it to the people you love - Maya Angelou
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bkismat
#11 Posted : Friday, September 24, 2010 2:01:47 PM
Rank: Elder


Joined: 10/23/2009
Posts: 2,375
Wendz wrote:
mukiha wrote:
Imagine if she filed the case and the hubby came up and denied that he was ever married to her.....asking her to show proof....

That would automatically serve her objective.... to sever the relationship

Unless she wants to take some of the matrimonial property.....


@mukiha,

I would assume you can get a copy from the registrar. That's how they are able to tell if you are committing bigamy when marrying officially for the second time....


Does anybody commit bigamy in Kenya? Don't think so.smile
It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt...
-Mark Twain
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Much Know
#12 Posted : Friday, September 24, 2010 2:15:16 PM
Rank: Elder


Joined: 12/6/2008
Posts: 3,548
Haiya, so to save on the cost of or avoid divorce, you make a clerk help the file at the registrars to disappear and you're good, i doubt it. Witnesses, photographic evidence, i.d details and other doc's like e.t.c will not suffice?
A New Kenya
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Kaigangio
#13 Posted : Friday, September 24, 2010 2:29:37 PM
Rank: Elder


Joined: 2/27/2007
Posts: 2,768
@ much know,

file disappearance and hence the duplicate marriage certificate could work in favour of the hubby albeit temporarilyPray Pray Pray Pray ... remember the wedding photographs in late Queen jane's saga...ati they were taken during a dramma festival or a play that she had directed...and the court bought into thatBrick wall Brick wall Laughing out loudly ..
...besides, the presence of a safe alone does not signify that there is money inside...
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Njung'e
#14 Posted : Friday, September 24, 2010 2:35:06 PM
Rank: Elder


Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
@Bkismat,
There was this case in court sometimes back where a Kenya army officer (lady) was accused of bigamy....Happens.

Here:
http://www.nation.co.ke/.../-/147ti6cz/-/index.html
Nothing great was ever achieved without enthusiasm.
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bkismat
#15 Posted : Friday, September 24, 2010 3:08:49 PM
Rank: Elder


Joined: 10/23/2009
Posts: 2,375
[quote=Njung'e]@Bkismat,
There was this case in court sometimes back where a Kenya army officer (lady) was accused of bigamy....Happens.

Here:
http://www.nation.co.ke/...-/147ti6cz/-/index.html[/quote]
What about men?
It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt...
-Mark Twain
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My 2 cents
#16 Posted : Friday, September 24, 2010 4:16:16 PM
Rank: Veteran


Joined: 6/2/2010
Posts: 1,066
@wendz the last time I checked divorce in Kenya can be granted on account of
1. Desertion 2. Mental Illness 3. Infidelity 4. Cruelty

You have just added a fifth criterion 'denial of conjugal rights'

Of course some can argue that this is an instance of cruelty.
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Wendz
#17 Posted : Friday, September 24, 2010 4:51:12 PM
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Joined: 6/19/2008
Posts: 4,268
My 2 cents wrote:
@wendz the last time I checked divorce in Kenya can be granted on account of
1. Desertion 2. Mental Illness 3. Infidelity 4. Cruelty

You have just added a fifth criterion 'denial of conjugal rights'

Of course some can argue that this is an instance of cruelty.


Me thinks it could fall under "Mental illness".

Anyway....... here you go....
http://www.kenyalaw.org/...%20CAUSES%20Ordince.pdf
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kadonye
#18 Posted : Friday, September 24, 2010 5:20:43 PM
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Joined: 5/30/2009
Posts: 1,390
Denial of conjugal rights is a reason under common law which has been one of the sources of law in Kenya.

I stand to be corrected maybe nimesahau what my law lecturer taught me
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
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mjuaji wa stocks
#19 Posted : Friday, September 24, 2010 5:26:33 PM
Rank: Member


Joined: 1/16/2010
Posts: 672
Location: nairobi
@kadonye.....then kama umesahau....how do you argue / defend your clients wenye hizi shughuli??? Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly

ama kwani mlikua classmates na kajwang??smile smile smile
God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!
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My 2 cents
#20 Posted : Friday, September 24, 2010 5:36:41 PM
Rank: Veteran


Joined: 6/2/2010
Posts: 1,066
Wendz wrote:
My 2 cents wrote:
@wendz the last time I checked divorce in Kenya can be granted on account of
1. Desertion 2. Mental Illness 3. Infidelity 4. Cruelty

You have just added a fifth criterion 'denial of conjugal rights'

Of course some can argue that this is an instance of cruelty.


Me thinks it could fall under "Mental illness".

Anyway....... here you go....
http://www.kenyalaw.org/...%20CAUSES%20Ordince.pdf

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