Madina Giovanni Fazzini, the first wife of Mombasa Governor Hassan Joho has reportedly filed for divorce.
A report by Citizen Digital said the divorce papers were filed at the Mombasa Chief Kadhi’s court on January 26, 2022.
In the documents, Madina who is half Italian and half Somali told the court that she and Joho separated in 2013.
She further stated that the two have little chance of resurrecting their failed marriage after 9 years of being apart.
Governor 001 and Fazzini married in February 2011, and the couple has two children, ages nine and eight.
“I am clear and unequivocal that our marriage has broken down irretrievably with no chance of revival, given we have both moved on over the years,” reads part of the documents filed in court.
Fazzini further stated that after separating, Joho promptly left their matrimonial home, leaving her to take care of their two children.
Fazzini and her children then left the residence in September 2020.
“Since the respondent, Joho moved out of our matrimonial home in June 2013, the substance of our marriage has dissipated and has no basis to be sustained from a legal and social standpoint,” she said.
The Mombasa Governor was given 14 days to respond after Madina petitioned the court to treat the matter as urgent.
Grounds for divorce under Islamic law
According to laws and precedents in Kenya, grounds for divorce under Islamic law include the absence of a husband. Madina will have to prove to the court that Joho deserted her and that the marriage is irredeemable.
Some Islamic law scholars differ on the period of desertion with some capping it at four years, some agree on two years and for others, one year.
Another ground for divorce is if the husband fails to provide and maintain his family.
“It is the responsibility of a husband to provide for his wife according to their means. Right to provision is considered fundamental.
“It is primary and more important than conjugal rights where the wife can be patient for months and years but one cannot last a month without sustenance,” read a past judgement by a Kadhi’s Court in Kisumu.
A Muslim woman can also seek a decree of divorce based on her husband’s cruelty. Cruelty is defined as insults, physical or psychological torture.
