• The magistrate says they married under Luhya customary law in 2012 after marriage negotiations involving elders and payment of Sh50,000 to her family.
• She claims the Kakamega-based advocate is the father of her seven-year-old daughter.
An Eldoret-based magistrate has filed for divorce, citing desertion and cruelty by her husband.
Diana Wikunza Milimu wants her marriage to Edwin Wafula Simuyu, a Kakamega-based lawyer dissolved.
She accuses Wafula of neglecting her and their child. She says they married under Luhya customary law in 2012 after marriage negotiations involving elders and payment of Sh50,000 to her family.
Milimu annexed a signed agreement between her elders and those of Simiyu showing that cows were paid as bridal wealth.
The magistrate is seeking upkeep of their child and other expenses.
However, Wafula, in replying affidavits in a Kapsabet court, denies ever marrying Milimu.
He denies cohabiting with her arguing that their relationship was an on and off affair that did not amount to marriage.
He wants a DNA test to be carried out to establish the paternity of the child, adding that he has no problem to catering for her needs if it is proved that he is the biological father.
He says their friendship was never intended to lead to marriage and dismisses any dowry negotiations as his signature is not in the elders' agreement.
“There being no valid marriage between himself and the petitioner then this court cannot be called upon to dissolve a non-existing marriage,” the affidavit says.
Wafula is represented by lawyer Derek Mango.
Kapsabet senior principal magistrate Susan Aura scheduled the hearing for November 14.
Last week, Kakamega chief magistrate Bildad Ochieng ordered the magistrate to pay Wafula costs after she withdrew a property case she had filed against him