Court grants ex-marathoner divorce terming union irretrievable

Eldoret Law Courts has accepted a former international marathoner's quest to divorce her estranged husband.

The retired athlete codenamed SJC, 40, who is a mother of four children was allowed to part ways with her husband MB of 16 years and who is also a former marathoner, after the court found their marriage to have irretrievably broken down.

The two got married on January 30, 2008.

SJC filed for divorce before Eldoret Principal Magistrate Peter Ireri accusing her husband of infidelity, being irresponsible, absent, violent and cruel.

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The marathoner in her court papers said that apart from denying her conjugal rights, MB had uncontrollable temper and subjected her to physical, emotional, psychological, and verbal abuse when drunk.

She told the court that MB deserted her and the children at their matrimonial home and several attempts to salvage their marriage proved futile.

"Our union has broken down irretrievably with no chance of revival given that we have both moved on with our respective lives," SJC stated in her affidavit.

MB did not file a response to the divorce case.

While ruling on the matter, the Magistrate said that there was no dispute that the marriage between the couple had irretrievably broken down.

"I am satisfied that SJC and MB have proved the grounds for divorce provided under section 65 of the Act and hence whatever marriage there was between them has irretrievably broken down and it will only be fair and just that their marriage be dissolved," ruled Ireri.

The Magistrate said that he saw no reason to decline the prayers sought by SJC in her petition to part ways with her estranged husband noting that their marriage was no longer tenable.

"This court cannot order parties who are not comfortable in a marriage to continue with the failed relationship. It is for these reasons that I declare that the marriage between SJC and MB be and is hereby dissolved," he ruled.

In a separate case before the children's court, SJC filed another case seeking parental responsibility between herself and her husband in order to safeguard the welfare of their children.

She claimed that she was singlehandedly shouldering all the responsibilities over their children causing her a strain financially.

The former marathoner asked the court to compel MB to meet the needs of their children and applied for custody of their youngest child.