CAP. 152 Matrimonial Causes [Rev. 2012] force relating to the deportation of aliens, and the husband was immediately before the desertion or deportation domiciled in Kenya, the court shall have jurisdiction for the purpose of any proceedings under this Act, notwithstanding that the husband has changed his domicile since the desertion or deportation. 5. Extension of jurisdiction of the court in certain matrimonial causes (1) Notwithstanding that the husband is not domiciled in Kenya, the court shall have jurisdiction in proceedings by a wife for divorce, if the wife is resident in Kenya and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings. (2) Without prejudice to any jurisdiction exercisable by the court apart from this section, the foregoing provisions of this section shall apply to proceedings for nullity of marriage as they apply to proceedings for divorce. (3) In proceedings under subsection (1) of section 21 of this Act, the court shall have jurisdiction in the following cases only, that is to say— (a) in any proceedings, if the petitioner is domiciled in Kenya; (b) in proceedings by the wife, if she is resident in Kenya and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings, and in determining for the purposes of this subsection whether a woman is domiciled in Kenya, her husband shall be treated as having died immediately after the last occasion on which she knew or had reason to believe him to be living. (4) In any proceedings in which the court has jurisdiction by virtue of this section or of the proviso to section 4 of this Act, the issues shall he determined in accordance with the law which would be applicable thereto if both parties were domiciled in Kenya at the time of the proceedings. [Act No. 5 of 1952, s. 2.] PART II – DIVORCE AND NULLITY OF MARRIAGE Divorce 6. Restriction on petitions for divorce during first three years after marriage (1) No petition for divorce shall be presented to the court unless at the date of the presentation of the petition three years have passed since the date of marriage: Provided that a judge of the court may, upon application being made to him in accordance with rules made under this Act, allow a petition to be presented before three years have passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree nisi, do so subject to the condition that no application to make the decree absolute shall be made until after the expiration of three years from the date of the marriage, or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said three years upon the same, or substantially the same, facts as those proved in support of the petition so dismissed. [Issue 1] M9 - 6