This archive report was first published on 20 July 2019.
On July 20, 2019, a Kadhi's Court in Garsen, Tana River County, made a shocking decision that left a man stunned. The court dissolved a one-year-old marriage between the man and his wife, who had been living together for barely a year.
The couple's marriage had been on the rocks due to a dispute over the woman's dressing, which the man claimed was against Islamic principles. The woman, however, denied the allegations, saying the man had threatened to kill her and regularly assaulted her.
According to the court documents, the woman had left her matrimonial home in July last year, citing irretrievable breakdown of the marriage. She had also accused the man of assaulting her in 2017 when she was pregnant, and forcing her to take drugs to abort the pregnancy.
Despite the woman's request for divorce, custody of the child, and maintenance, the court ordered her to return the dowry paid by the man, which included two cows and Sh50,000. The court also directed the woman to wait for one month from the date of judgment to marry another man, as per Islamic law.
The man was also ordered to pay Sh1,000 in monthly child support. However, the woman was not satisfied with the judgment and obtained a High Court order staying the execution of the Kadhi's Court judgment.
