REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI

MILIMANI COMMERCIAL COURTS
DIVORCE CAUSE NO. …………. OF 2023

MICAH OMBATI MOTURI………………..……………..…………..………PETITIONER

VERSUS

LUCY BOSIBORI KINANGA ………………………………..……….…. RESPONDENT

NOTICE OFAPPOINTMENT OF ADVOCATES

TAKE NOTICE that the PETITIONER MICAH OMBATI MOTURI herein has appointed
the firm of KIBOI& COMPANY ADVOCATES to act on his behalf in this matter.
HENCEFORTH all future correspondences should be addressed to KIBOI & COMPANY
ADVOCATES, COFFEE PLAZA 2ND FLOOR ROOM 4, HAILE SELLASIE AVENUE, P.O.
BOX 36090-00200 NAIROBI.

DATEDAT NAIROBI this………….…....…….day of……………………………………2023

KIBOI & COMPANY

ADVOCATES FOR THE PETITIONER.

DRAWN & FILED BY:

KIBOI & CO. ADVOCATES,

COFFEE PLAZA, 2 ND FLOOR, ROOM 4,
HAILE SELLASSIE AVENUE,
P.O. BOX 36090-00200,
NAIROBI.
EMAIL: kiboiadvocates693@gmail.com
TEL 0720166286

TO BE SERVED UPON:
LUCY BOSIBORI KINANGA
TEL: 0796905070
KEROKA

(Service to be effected through the Respondent address)

 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
DIVORCE CAUSE NO. …………. OF 2023

MICAH OMBATI MOTURI………………..……………..…………..………PETITIONER

VERSUS

LUCY BOSIBORI KINANGA ………………………………..……….…. RESPONDENT

NOTICE TO APPEAR

TO: LUCY BOSIBORI KINANGA

TEL NO.0796905070
KEROKA.

TAKE NOTICE that you are required, within fifteen (15) days from the date of
service hereof upon you, inclusive of the day of such service, to enter an appearance
either in person or by your advocate at the Divorce Registry at the CHIEF
MAGISTRATE’S COURT AT MILIMANI, NAIROBI. Should you think fit so to do, and
thereafter to make answer to this Petition and that in default of your so doing, the court
will proceed to hear the Petition and pronounce judgment, your absence
notwithstanding?

The Petition is filed and this notice is issued by MICAH OMBATI MOTURI

Dated at Nairobi this…………………………….……day of ……………………….2023

………………………………………….
CHIEF MAGISTRATE
MILIMANI COMMERCIAL COURTS

NOTE: Any person entering an appearance must at the same time furnish an address
for service.
 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
DIVORCE CAUSE NO. …………. OF 2023

MICAH OMBATI MOTURI ………………..……………..…………..………PETITIONER

VERSUS

LUCY BOSIBORI KINANGA ……..…………………………..……….…. RESPONDENT

TO: THE EXECUTIVE OFFICER

MILIMANI COMMERCIAL COURT
NAIROBI
PETITION:

(Pursuant to Section 8 of the Matrimonial Causes Act, Rules 3 and 4 of the Matrimonial
causes Rules and all other enabling provisions of the Law )
THE HUMBLE PETITION OF MICAH OMBATI MOTURI (hereinafter called ‘’The
Petitioner’’) showeth: -

1. THAT on or about 2014 the Petitioner then a Bachelor married the

Respondent, then a Spinster under The African Marriage and divorce Act Cap
151 of the Laws of Kenya. (Annexed is a copy of Marriage Certificate).

2. THAT the Petitioner and the Respondent have since the celebration of their
marriage resided in KAYOLE, Nairobi.
3. THAT the parties are no longer cohabiting

4. THAT the Petitioner is a MATATU driver within Nairobi

5. THAT there is TWO (2) issues out of the said union

6. THAT there has been no previous proceedings with reference to this

marriage that have been filed in any other Court of Kenya by or on behalf of
either party to this Petition
7. THAT the Respondent has not only treated the Petitioner with outmost
cruelty but has also shown the Petitioner nothing but utter contempt and
disrespect

PARTICULARS OF CRUELTY & DESERTION

 a) THAT the Respondent is a person of ungovernable tempers who has engaged
the Petitioner in serious rows and quarrels, battering and extra marital affairs.

b) THAT the Respondent in 2021 deserted the Petitioner hence and the parties
remain in separation ever since.

c) THAT as a result of the above, the Petitioner avers that the marriage has
irretrievably broken down due to the Respondent’s desertion

d) THAT the Petitioner has neither condoned nor connived the Respondents cruelty
and facts aforementioned

e) THAT this Petition has not been presented in collusion with the Respondent

f) THAT this Court has jurisdiction to hear and determine this matter

WHEREFORE the Petitioner prays for orders:-

a) THAT the marriage between the Petitioner and the Respondent be dissolved

b) THAT the costs of this application be in the cause

8. The Respondent continuously caused emotional distress to the Petitioner and

has failed to accede to the Petitioners overtures to salvage the marriage.

9. The Petitioner believes that the marriage has irretrievably broken down.

10. THAT the aforesaid acts of the Respondent have caused the Petitioner
mental anguish and have seriously affected his life and that of the issue of
marriage.

11. THAT the Petitioner has not connived, been accessory to or condoned the
actions alleged herein.

12. THAT the Petition is not presented or prosecuted in collusion with the
Respondent or any other person.

13. THAT this court has jurisdiction to hear and determine this Petition.

REASONS WHEREFORE THE PETITIONER PRAYS:

a) THAT the marriage between him and the Respondent be dissolved.

b) THAT the Respondent be condemned to pay the costs of this Petition.

Dated at Nairobi this………………….day of …………………………..………………….2023.

 MICAH OMBATI MOTURI
THE PETITIONER

DRAWN & FILED BY:

KIBOI & CO. ADVOCATES,

COFFEE PLAZA, 2 ND FLOOR, ROOM 4,
HAILE SELLASSIE AVENUE,
P.O. BOX 36090-00200,
NAIROBI.
EMAIL: kiboiadvocates693@gmail.com
TEL 0720166286

TO BE SERVED UPON:
LUCY BOSIBORI KINANGA
TEL: 0796905070
KEROKA

(Service to be effected through the Respondent address)

 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
DIVORCE CAUSE NO. …………. OF 2023

MICAH OMBATI MOTURI ………………..……………..…………..………PETITIONER

VERSUS

LUCY BOSIBORI KINANGA…………………………………..……….…. RESPONDENT

VERIFYNG AFFIDAVIT

I MICAH OMBATI MOTURI of Post Office Box Number36090-00200 Nairobi in the

Republic of Kenya hereby makes oath and state as follows:-

1. THAT I am the Petitioner herein hence competent to swear this affidavit.

2. THAT what is stated in the Petition herein is true.

3. THAT the Petition is not presented in collusion with the Respondent.

4. THAT I have not in any manner been accessory to or connived at or condoned,

cruelty and desertion alleged in the petition.

5. THAT what is herein deponed is true to the best of my knowledge, information

and belief.

Sworn at Nairobi by the said ]

MICAH OMBATI MOTURI.
]
This ………………….day of …………………….2023 ] ……………………………

BEFORE ME ] DEPONENT

COMMISSIONER FOR OATHS

DRAWN & FILED BY:
KIBOI & CO. ADVOCATES,
COFFEE PLAZA, 2 ND FLOOR, ROOM 4,
HAILE SELLASSIE AVENUE,
P.O. BOX 36090-00200,
NAIROBI.
EMAIL: kiboiadvocates693@gmail.com
TEL 0720166286
 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
DIVORCE CAUSE NO. …………. OF 2023

MICAH OMBATI MOTURI ………………..……………..…………..………PETITIONER

VERSUS

LUCY BOSIBORI KINANGA ………………………………..……….…. RESPONDENT

PETITIONER’S STATEMENT

I MICAH OMBATI MOTURI of P.O.Box 36090-00200, NAIROBI in the Republic of

Kenya do state as follows;-

I am the Petitioner in this suit and reside at KAYOLE, Nairobi.

I am the husband of the Respondent having been married on or about 2014 at

NYAMIRA church wedding and issued marriage certificate at Nairobi registry. During
our marriage we were blessed with two issues.
1. PATIENCE MORAA OMBATI
2. ANGEL CANDANCE OMBATI

I have had a strained matrimonial relationship with the Respondent spanning 7 years
during which the Respondent deserted our matrimonial house sometimes in the year
2021,with all our investments as a family parting away with all our households with her
new lover, ceased communicating as wife and husband. In addition to this, I have been
denied my conjugal rights by the Respondent during this entire time, failed to take due
regard of my welfare, acted irresponsibly, despite my several advice and her promise to
change her ways.

In view of all this tribulations, I have opted to file this suit for divorce taking into
consideration all the failed attempts to reconcile and grow a family based on Christian
morals.

That’s all I wish to state.

SIGNED BY ME

_______________________________
MICAH OMBATI MOTURI (PETITIONER)