Judgment[2000] KEHC 211
Case law
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Division and case type: Constitutional and Human RightsPetition
…The law is that desertion as a matrimonial offence can indirectly be committed by the spouse who through intolerable conduct causes the other to leave home and not necessarily by the one who leaves the matrimonial home.…
…I find that the husband did cause the Petitioner/Wife to leave the matrimonial home and therefore the husband/respondent is the one guilty of desertion.…
Division and case type: CriminalCriminal Appeal
…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…