[Rev. 2012] Matrimonial Causes CAP. 152 (2) In determining any application under this section for leave to present a petition before the expiration of three years from the date of the marriage, the Judge shall have regard to the interests of any children of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said three years. (3) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which have occurred before the expiration of three years from the date of the marriage. 7. Divorce proceedings after grant of judicial separation or other relief (1) A person shall not be prevented from presenting a petition for divorce, or the court from pronouncing a decree of divorce, by reason only that the petitioner has at any time been granted a decree of judicial separation under this Act or under any Act repealed by this Act, or an order under the Subordinate Courts (Separation and Maintenance) Act (Cap. 153) upon the same or substantially the same facts as those proved in support of the petition for divorce. (2) On any such petition for divorce, the court may treat the decree of judicial separation or the said order as sufficient proof of the adultery, desertion or other ground on which it was granted, but the court shall not pronounce a decree of divorce without receiving evidence from the petitioner. (3) For the purposes of any such petition for divorce, a period of desertion immediately preceding the institution of proceedings for a decree of judicial separation or an order under the said Act having the effect of such a decree shall, if the parties have not resumed cohabitation and the decree or order has been continuously in force since the granting thereof, be deemed immediately to precede the presentation of the petition for divorce. 8. Grounds of petition for divorce (1) A petition for divorce may be presented to the court 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 elsewhere, 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 M9 - 7 [Issue 1]