High Court judge Reuben Nyakundi sparked excitement when he decided to give life lessons on sex to a couple seeking divorce.
Justice Nyakundi wanted the couple to understand what causes breakups in most marriages before he could rule on the case.
In the case, the woman referred by code-name RNO and the man BKJ, both blamed each other for causing their marriage to crumble.
The woman claimed that her estranged husband spent most of the time away from home since they married in 2016, failed to offer her emotional support, love, care and also denied her conjugal rights.
RNO also said BJK used abusive language and would sometimes be violent to her causing them to drift apart something that caused their marriage to hit rock bottom.
On his part, the man claimed that his wife failed to appreciate efforts he made to take care of the family and that he was also uncooperative when he tried to salvage their marriage.
Justice Nyakundi after listening to complaints from both parties empathized with the woman as he imagined himself in her situation.
Speaking in low tone, the judge talked about how the woman was sex starved. He stressed that sex was not about creating children but it was a glue that keeps men and women together for a lifetime.
Nyakundi took turns weaving the law and bible teachings to conclude that denial of sex, which he referred as God-given gift, without a justifiable cause amounted to cruelty. He said lack of it or trivializing it would break a marriage.
The High Court judge noted that no matter the status of life a couple has achieved, they have to fulfil their conjugal obligations that he termed as special gift from God.
According to Nyakundi, sex should not just be a ‘by-the-way’ affair in marriage but should rather come in plenty for each couple to be fulfilled.
“What happens when one spouse gets to a point of being denied sexual intercourse without a just cause? Often, when this occurs the affected spouse becomes emotionally and intimately immobilised. Usually, they will choose what I believe will be the least painful alternative. The pattern of refusal of sexual intercourse by the spouse has a negative effect on the other spouse,” said Nyakundi.
Nyakundi noted that it was rare for courts to grant couples divorce on a single act of cruelty but nevertheless explained that if the cruelty results in grievous harm or an injury, then the court will intervene and dissolve the marriage as demanded by the two aggrieved parties.
For that reason, Justice Nyakundi granted RNO and BKJ divorce saying the cruelty against the woman was grave and more serious than other things that caused discord in their marriage.
