CAP. 152
(e)
(f)
(g)
(h)
(i)
(j)
Matrimonial Causes
[Rev. 2012]
if at the date of the institution of a cause by a wife the husband
has deserted the wife, or has been deported from Kenya, and there
is reason to believe that he has changed his domicile since the
date of the desertion or deportation, the domicile of the husband
immediately before the desertion or deportation, the date when and
the circumstances in which the alleged desertion began or the date
of the deportation order;
in the case of a wife’s petition in which the court is alleged to have
jurisdiction by virtue of section 5 of the Act (unless otherwise directed,
and in lieu of the statement as to domicile required by subparagraph
(d) of this paragraph), the addresses at which the petitioner has
resided during the three years immediately preceding the presentation
of the petition and the length of residence at each address;
whether there have been in the court or a subordinate court any, and
if so what, previous proceedings with reference to the marriage by or
on behalf of either of the parties to the marriage, the date and effect
of any decree or order made in such proceedings, and whether there
has been any resumption of cohabitation since the making thereof;
the matrimonial offences alleged or other grounds upon which relief
is sought, set out specifically in separate paragraphs;
in the case of a petition for presumption of death and dissolution
of the marriage, the last place of cohabitation of the parties, the
circumstances in which the parties ceased to cohabit, and the date
when and the place where the respondent was last seen or heard of;
and
in the case of a petition for restitution of conjugal rights, the date when
and the circumstances in which the respondent refused or ceased to
render conjugal rights to the petitioner, the desire of the petitioner for
a restitution of conjugal rights and the willingness on the part of the
petitioner to render them to the respondent.
(2) A wife petitioner may include in her petition a claim for alimony pending suit,
maintenance of her children, maintenance or a secured provision, in which case
the petition shall contain a statement in general terms of her husband’s income and
property in so far as they are within her knowledge or belief.
(3) The petition shall conclude with a prayer setting out particulars of the relief
claimed, including the amount of any claim for damages, any claim for costs and,
in appropriate cases, a prayer that the court will exercise its discretion to grant a
decree nisi notwithstanding the adultery of the petitioner during the marriage.
(4) The prayer of a petition may also include a claim for—
(a) custody of the children of the marriage;
(b) alimony pending suit;
(c) maintenance of the children;
(d) maintenance; or
(e) a secured provision.
[Issue 1]
M9 - 22
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