A magistrate on Wednesday narrated to a divorce court how her marriage to an advocate was formalised under Luhya customary laws after the settlement of the bride price.
Diana Milimu, a resident magistrate based in Eldoret, is seeking to divorce Edwin Wafula Wawire, a Kakamega-based advocate.
She said elders from both families settled on 10 head of cattle and Sh200,000 as dowry.
Milimu also submitted the dowry agreement that she said proved her marriage to the advocate.
The court heard how the negotiation ceremony was held at Milimu’s home in Malava. It was presided over by Dr Machanja Likavo on August, 18 2012, she said.
Her fiancé’s family delivered six cows and Sh50,000 during a meeting to seal and formalise their union under Luhya customary laws, she said.
Milimu took the witness stand before Kapsabet senior resident magistrate Boniface Wachira.
She said she is seeking a divorce due to desertion and violence against her by Wawire.
“We separated in 2015 after finding our marriage was irreconcilable and I moved out permanently to escape frequent beatings,” Milimu said.
She is asking the court to ensure their 10-year-old child's upkeep costs are paid on time by Wawire. It includes food, school fees and medical costs.
Three witnesses from her family testified the marriage took place. They included Likavo, who was the chairman of the negotiation ceremony; Douglas Milimu, her father, and Hezron Wechuli, secretary and the advocate's uncle.
Wawire has denied marrying the magistrate, saying they were just friends and their relationships did not amount to marriage.
He denies being the biological father of the child saying only DNA testing can prove paternity.
The court had ordered Sh15,000 monthly upkeep.
Wechuli told the court the balance of the dowry of four cows and Sh150,000 were supposed to be settled over time.
“It’s a continuous process in our culture, it can take even 40 years to clear because we need a permanent relationship for both families," he said.
The court was told that lawyer Wawire did not attend the ceremony and was instead represented by his uncle, Hezron Wechuli.
“But he was in touch on the phone with his team of seven elders from his family and there were no secrets,” Milimu said.
Milimu is represented by Isiaho Sawe while Derek Mango is representing Wawire in the divorce case.
The case was adjourned to January 26 next year when Wawire is expected to present witnesses testifying that he was never married to Milimu.
(Edited by V. Graham)
