It doesn't have to be physical abuse to be cruelty: How a Kenyan Court Rethought Divorce скачать в хорошем качестве

It doesn't have to be physical abuse to be cruelty: How a Kenyan Court Rethought Divorce

In Kenya, divorce is not automatic. You must prove a legal ground. One of those grounds is cruelty. Traditionally, cruelty was understood through obvious acts—violence, threats, humiliation. But what happens when the harm is quiet? When there are no bruises, no shouting, and no scandals—only prolonged emotional abandonment? In this episode of Katiba na Chai, we unpack a High Court decision that redefined how cruelty is understood in Kenyan divorce law. A husband sought divorce after years of separation, denial of conjugal life, and emotional breakdown. Despite this, the magistrate’s court refused to dissolve the marriage, relying on “family unity” and the fact that the husband continued to provide financially. The husband appealed. The High Court disagreed—and made an important legal shift. The Court held that: • Cruelty is not limited to physical violence • Psychological and emotional suffering can amount to cruelty • Prolonged separation and denial of companionship matter • Courts cannot force adults to remain in emotionally dead marriages • Provision alone does not sustain a marriage This episode explains: • How grounds for divorce work in Kenya • Why cruelty had to be re-examined in modern marriages • How culture and law sometimes collide • When preserving “family unity” becomes coercion This is not a relationship debate. It is a civic explanation of how the law is evolving to protect dignity. 📌 Case discussed: JKS v JGI – High Court at Eldoret 📌 Issue: Whether emotional abandonment can amount to cruelty 📌 Holding: Appeal allowed, marriage dissolved DISCLAIMER (keep this) This episode is for civic education and commentary only. It is not legal advice.