ALLEGES CRUELTY

Magistrate's divorce case fails to proceed in Kapsabet court

Milimu seeks an adjournment to enable her to peruse reply affidavits from her husband.

In Summary

• Through lawyer Isiaho Sawe, Diana Milimu protested what she termed as negative publicity from a section of the media.

• Edwin Wafula through his lawyer Derek Mango, however, said the court has no jurisdiction over the divorce case.

Lawyer Edwin Wafula and his advocate Derek Mango at Kapsabet court on Wednesday.
Lawyer Edwin Wafula and his advocate Derek Mango at Kapsabet court on Wednesday.
Image: BARRY SALIL

A divorce case involving an Eldoret based-magistrate and a prominent Kakamega lawyer has failed to proceed in a Kapsabet court.

Diana Milimu has sought to divorce her husband Edwin Wafula, a lawyer based in Kakamega for denying her conjugal rights, cruelty and desertion. 

The civil case before Kapsabet resident magistrate Boniface Wachira failed to proceed when Milimu sought an adjournment to enable her to peruse reply affidavits from her husband.

Through lawyer Isiaho Sawe, Milimu protested what she termed as negative publicity from a section of the media.

Wafula through his lawyer Derek Mango, however, said the court has no jurisdiction over the divorce case.

Mango said the case should have been filed in Kakamega, where the defendant resides and not Kapsabet.

Milimu has also filed a different case against Wafula at the Kapsabet children's court on behalf of her eight-year-old child seeking maintenance and school fees.

She argues that the lawyer had abrogated his parental responsibility and deserted them.

However, Wafula has denied ever marrying Milimu legally or under Luhya customary law. He denies ever paying a dowry of five cows and Sh50,000. 

He claimed that since there was no valid marriage between them, the court cannot be asked to dissolve a non-existing relationship.

Wafula has also disputed the paternity of the child. He says he would only accept responsibility if it is established after a  DNA test is done at Milimu's cost.

Magistrate Wachira directed that the matter be mentioned on December 17.

Both parties should avail their preliminary objections by  January 14 next year. 

The case kicks off on March 16 2020.