This archive report was first published on 26 August 2021.
On August 26, 2021, a High Court judge, Justice Reuben Nyakundi, made a landmark ruling in a divorce case that has sparked debate on the importance of sex in marriage.
The case involved a couple, RNO and BKJ, who had been married since 2016 but had grown apart due to various issues, including the husband's frequent absences, abusive language, and denial of emotional support and conjugal rights.
Justice Nyakundi took a unique approach to the case, walking the couple to a bedroom and explaining to them the cause of marriage breakups. He concluded that the couple's marriage had become toxic and that it was in the best interest of both parties to grant them a divorce.
During the hearing, Justice Nyakundi posed a series of questions to himself, imagining himself as a disgruntled spouse, feeling the hurt and pain of the couple. He asked, 'How come I have no time for intimate connection? Why does he or she leave me alone? What am I willing to do to make it the way he or she wants it?'
He went on to explain that sex is not just about creating children, but is a glue that keeps men and women together for a lifetime, feeling fulfilled and obeying God. He stated that denial of 'the God-given gift' without a justifiable cause is cruelty and that lack of it or trivialising it will break a marriage.
Justice Nyakundi's ruling has sparked debate on the importance of sex in marriage and the role of the court in determining whether a marriage has become toxic. The case has also raised questions about the definition of cruelty in marriage and the extent to which the court can intervene in a couple's personal life.
