Wamuzi News Ke
In a landmark ruling sending shockwaves through matrimonial law and relationships nationwide, a Kenyan High Court judge has declared that withdrawal of affection — denying a kiss, touch or intimacy — can amount to cruelty or desertion, and may be valid grounds for divorce.
Justice Reuben Nyakundi’s decision could change how courts across the country handle failing marriages, where emotional neglect often goes undetected.
What the Judge Ruled.
Justice Nyakundi held that a marriage cannot be maintained purely in form if one spouse refuses all physical affection — those small gestures of warmth once so ordinary, now deemed essential. According to the judgment:Denying physical intimacy, affection, or warmth can constitute cruelty.
A marriage that survives only on paper, without emotional or physical closeness, may be considered “irretrievably broken.”Such denial is desertion in practice, even if both parties share a roof, finances and societal obligations.
The ruling makes it clear: emotional neglect is not trivial. The lack of intimacy that once existed can be recognized as a serious harm, not just marital dissatisfaction.
Why This Ruling Is Explosive.
This verdict cuts deep into private lives and legal norms. For decades, divorce petitions have leaned on physical abuse, abandonment, or financial neglect. But this ruling says a marriage can fail long before that: when love, warmth and connection fade.
Social implications: Areas of culture and values where emotional affection has often been silenced or reduced may now be legally legitimized as essential.High stakes for spouses: Those refusing affection may face court consequences, even if they have upheld other duties.
New legal precedent: The decision may open floodgates for similar cases citing emotional cruelty. Courts may now have to adjudicate “quality of affection” as a factor.
What Responses to Expect.
Many couples will be forced to confront private issues in public court. Emotional neglect claims will come under intense legal scrutiny.Lawyers will begin collecting evidence previously deemed irrelevant: messages, daily behaviour, or witness testimony showing lack of touch or affection.
Marriage counsellors, religious leaders, and therapists may see an increase in referrals by those trying to salvage failing marriages ahead of legal fallout.
Possible Consequences.
The ruling could lead to higher divorce rates — if emotional neglect is now easier to prove in court.Spouses who believe their partners are withholding affection as a manipulation or punishment may now view the court as a route to escape.
Public judgment of couple behaviour, intimacy, and expectations may shift: what was once considered a “private matter” may now come under legal lens.
This judgment places intimacy at the heart of legal definitions of marriage. Justice Nyakundi has declared that love’s small gestures are not just romantic—they are a binding responsibility. As word spread across social and religious communities, Kenya must now reckon with what it means to be married, loved, and recognized under law.
