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Dear Harold,
We have been married for three years we have never consummated our union because of my husband’s biological condition. We have visited doctors in Kenya and abroad and their medical reports have confirmed that he is impotent. I want to have children that I can bring up and name after my parents for posterity. My husband has been good to me since we exchanged vows in a church wedding, but I don’t think I can live with this. I feel I should move on with life. Is it possible to seek divorce orders on grounds on impotence?
Angela, Nairobi.
Dear Angela,
According to section 14(1) (a) of the Matrimonial Causes Act, a marriage can be nullified if a spouse is permanently impotent or incapable of consummating the union. High Court Judge Lady Justice Maureen Odero recently nullified a marriage after a wife moved to court arguing that her husband was permanently impotent and could not rise to the occasion since their marriage four years ago. The wife testified that they could not engage in sexual intercourse even on the night of their wedding. The High Court also relied on a medical report from an obstetrician and gynecologist, which confirmed that the petitioners (wife) hymen was intact — medical proof that no consummation of marriage had taken place.
“On this basis, I am satisfied that a proper basis for annulment has been laid. I, therefore, grant this petition and declare the marriage between the petitioner (wife) and respondent (husband) annulled,” Lady Justice Odero ordered.
Despite having been served with the petition and summons, the husband failed to appear in court or respond to the petition, making the matter proceed as an undefended cause.
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