• The case was adjourned for the fourth time after petitioner Diana Wikunza Milimu failed to submit her written submissions.
• Simiyu's lawyer David Mango had informed the magistrate that he and his client were ready to proceed with the matter.
A divorce case involving an Eldoret-based magistrate and a Kakamega lawyer on Wednesday failed to begin for the fourth time in a Kapsabet court.
This was after petitioner Diana Wikunza Milimu failed to submit her written submissions.
Kapsabet senior resident magistrate Boniface Wachira had ordered Milimu to supply the court with written submissions in the divorce case against lawyer Edwin Wawire Simiyu.
Simiyu's lawyer David Mango had informed the magistrate that he and his client were ready to proceed with the matter.
However, Milimu failed to provide her written submission and asked for more time.
Milimu wants to divorce Simuyu over alleged desertion, denial of conjugal rights and failing to provide her and her child's upkeep.
But Simiyu denies ever marrying her and dismissed the entire divorce case as an abuse of the court process, saying he has never sought her hand in marriage.
He argues that they were just friends and he was just one of the petitioner's many boyfriends. He said there was no marriage to be dissolved.
Milimu also sued Simiyu asking the court to order him take responsibility of her 10-year-old child she said he sired.
She asked the court to order him to pay school fees and upkeep of their daughter, saying she was unable to do it single-handedly.
However, Simiyu dismisses the paternity of the child demanding that the court should order a DNA exam to determine if he is the father before taking any responsibility.
The case will be mentioned on February 4, 2020.