Kenyan woman divorces her busy husband

NAIROBI, KENYA: A man who was too busy with his business to spend time with his spouse has lost his family following a divorce suit.

The High Court dissolved the ten-year marriage on account that the man "was so married" to his business that he had no time for his family.

High Court judge Margret Muigai found that the marriage could not stand as the man broke off all communication with his wife and was not interested in reconciling.

Further, the court found that despite having two children following the December 9, 2006 marriage, he was more interested in making wealth. The judge noted that the couple had stayed apart more than they had been together during the marriage.

"Article 45 of the Constitution mandates the legal institutions to uphold and support the family unit. However, in the instant case, the petitioner and respondent have stayed apart more than they have been together during their marriage," Justice Muigai ruled.

"These circumstances do not facilitate any opportunity of reconciliation or salvaging the marriage, as it can only be a joint effort of both parties. Therefore this court finds that the marriage, for all intents and purposes, to have broken down."

Interestingly, it is the woman who borrowed money for the man to start the business. The court heard that he promised to pay back the Sh5.6 million the woman gave him but never kept his word. According to the judgment, the woman was left with Sh7.6 million debt to pay while also taking care of the children.

"The petitioner (woman) stated that she obtained loans and gave the respondent to invest in business to the tune of 42,000 (Sh5.6 million) pounds. He promised to refund the cash but did not do so. Together with these loans, the petitioner had to sustain her family," the judge noted.

The man labeled HGN, in the divorce judgment, was said to have directed all his energy to the business.

In the case, his wife labeled as GWW told the court that he was away from home for long periods of time and that when he travelled back to Kenya on account of business transactions, he would spend most of his time on phone for business communication, even when his two children and estranged wife were looking for his attention.

The woman also testified that when they were dating in 2006, she knew that her man was a Christian, only to discover, after marriage that he was a Muslim. His refusal to go to church, she said, made her discover that he did not subscribe to her religion.

The court noted that the man did not challenge the allegations by filing replies nor did he appear in court to defend himself in person.

"The respondent broke off all communication with the petitioner. He stopped going to church and the petitioner discovered he was a Muslim. The petitioner tried reconciliation through the respondent's mother but the efforts were futile. The petitioner remains solely responsible for the children of the marriage," the judge noted.