A Kadhi's Court in Mombasa has nullified a marriage and ordered the bride's family to return half of the dowry paid to them by the groom.
This comes after the court found out that the couple, Omar Salim and Khadija Abdulnassir, has not consummated their 10-month marriage that was conducted under the Islamic Law.
During the ruling, Chief Kadhi Sharif Al Muhdhar said that the wife had accused her husband, Salim, of impotence.
"The plaintiff filed this divorce case asking for dissolution of their marriage on the grounds that the defendant is impotent," he said.
He added, "As of the filing date, there was no sexual intercourse between them."
Though Mr Omar did not object the divorce, he defended himself with a medical report indicating that he was healthy and Khadija's claims were untrue.
The report which was signed by Dr Rhohit Devani of Saifee Hospital India, seconded Omar's claims.
"I had an opportunity to examine him and I can certify that he is medically fit," read Dr Devani's report in part.
Kadhi Muhdar said that the wife's claims outweighed those of the husband, thus dissolving the marriage.
"In a case like this, the woman's statement has more possibility of being the truth. The marriage between the two parties is hereby dissolved effectively," he ruled.
The Kadhi ordered the wife’s family to pay 50 000 shillings, half the sum paid by Omar as dowry.
The bride's family has however vowed to appeal the decision.