Is impotence a valid ground for divorce?

I am a depressed wife because my husband cannot rise to the occasion. I discovered he had a permanent biological complication that affected his reproductive system, which he never revealed during courtship. As born again Christians, we abstained from sex before marriage to keep ourselves pure. I love him, but I am sexually starved because we have never made love since our wedding four years ago. As a woman, my joy is also to have a child of my own, which seems impossible as long as I am in this marriage. I have talked to my friends and relatives who have advised me to confide in him and part ways. Is the law on my side?

Pauline, Nairobi.

Dear Pauline

Yes, the law would be on your side but only after proving in court that your husband is permanently impotent. It would, therefore, be required that you engage a lawyer with a valid practicing certificate to make an application in court to declare your marriage null and void. The lawyer may have to produce medical evidence in court to prove your husband is permanently impotent, and that you never knew of this before walking down the aisle.

According to the Matrimonial Causes Act, a marriage can be revoked if either spouse is permanently impotent or incapable of consummating the marriage at the time of the marriage. Consummation means newlyweds must be able to have sexual intercourse on their wedding day. Intercourse before the wedding is not relevant and cannot pass as consummation, and a single act of sexual intercourse after marriage prevents this ground from succeeding.

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