- Sifuna has objected to both suits, claiming he was never married to the magistrate
- He insists on a DNA test on the child, saying he was one among woman's many friends
A Kapsabet court has received submissions from an Eldoret magistrate seeking to divorce her estranged lawyer husband Edwin Sifuna.
Diana Milimu submitted the documents to Kapsabet senior resident magistrate Boniface Wachira four months after being directed to do so.
Milimu has filed two separate cases against her husband, an advocate in Kakamega, seeking divorce and their child's upkeep.
Sifuna has objected to both divorce and child upkeep, claiming he was never married to the magistrate and disputing the paternity of the child.
He argues that the matter should be filed at the Kakamega court where he resides and the actual place the alleged relationships happened.
Kakamega chief magistrate Bildad Ochieng in February ordered Milimu to pay Wafula Sh42,950 as bill of cost in another suit that was dismissed.
Sifuna wants the court to order a DNA test to determine the paternity of the child.
Disputing the paternity, Sifuna in his replying affidavits before the Kapsabet magistrate's court, said his relationship with Milimu was never that of a married couple but a friendship.
“Diana Milimu is known to have multiple friends, me being one of them, and therefore it is wrong to claim I fathered the child without medical determination,” Sifuna claims in the documents.
He opposed the matter being heard in Kapsabet, saying it lacks jurisdiction.
“The law provides that such an issue be filed before a court within the course of action - Kakamega,” Wafula assets.
Milimu wants their seven-year marriage dissolved, citing desertion, cruelty and denial of conjugal rights.
She claims that Wafula dispatched elders to their home to seek her hand and after negotiation, her parents were paid Sh50,000 and five heads of cattle as bride price.
However, Sifuna disputed the claim, saying he was not present and did not sign any marriage document.
Wachira directed that both parties appear before him on April 15 for the divorce case and on April 17 for the child upkeep matter.
Edited by Henry Makori