JUDGMENT OF THE COURT
The appellant in this appeal E.C.N.G and the respondent F.N.N were married at Presbyterian Church of East Africa (PCEA) Ihururu, Nyeri on 4th December 1971. That union was blessed with three children, all of whom were adults as on 17th November 1999. They are now all married and working. Both parties agree that the marriage remained happy until sometimes in the year 1994 when problems started arising between them. The appellant, in his petition for divorce filed on 17th November 1999 cites the month of February 1994 as the time when the first instance of what he termed as cruelty took place whereas the respondent, in her answer to the petition, maintained that the allegations of cruelty against her were made by the appellant sometimes in the year 1994 after the appellant had started an adulterous relationship with one R. Although the appellant did not mention R in his petition as one would have expected him to do, that being a divorce petition, nonetheless, he acc…