MESSY

Kakamega lawyer disowns dowry pact in divorce court

Milimu's family claimed to have received Sh50,000 of Sh200,000 and five 10 head of cattle

In Summary

• Lawyer disowns  marriage with Eldoret-based magistrate in cross examination, says it was an "on and off" affair. 

• He disowns dowry agreement and says he never signed it, wasn't present.

Edwin Wawire Sifuna in the dock being cross examined by lawyer David Mango in a Kapsabet court during a divorce case on Wednesday, January 26.
LAWYER: Edwin Wawire Sifuna in the dock being cross examined by lawyer David Mango in a Kapsabet court during a divorce case on Wednesday, January 26.
Image: BARRY SALIL

Kakamega-based lawyer Edwin Sifuna has told a Kapsabet court he was never married to a magistrate who is seeking a divorce.

Sifuna told the court on Wednesday his relationship with Diana Milimu was merely "an on and off" love affair and not a marriage.

Sifuna told Kapsabet principal magistrate Richard Mokua his relationship with Milimu ended in July 2015 when Milimu was employed as a public prosecutor by the Office of the Director of Public Prosecutions.

“You Honour, as soon as she got employment in July 2015, I never saw her again until 2018 when she filed a civil case in Kakamega seeking recognition as my wife,” Sifuna told the packed and hushed court.

Milimu, who is now a resident magistrate in Eldoret, is seeking to divorce Sifuna, citing desertion and cruelty.

However, Sifuna told the principal magistrate that he was never married to her and disowned a dowry negotiation agreement presented as an exhibit.

Kapsabet law court.
LAWYER VS MAGISTRATE: Kapsabet law court.
Image: BARRY SALIL

“Neither I (defendant) nor the plaintiff (Milimu) attended the alleged dowry negotiation and I was totally not a party to it…my signature is not appended anywhere,” Sifuna said.

Sifuna who was cross-examined by Milimu’s lawyer, Isiaho Sawe, admitted that their relationship produced a child.

“I was her examiner in her pupilage in Kakamega and as well she was my girlfriend, but she knew we were not living as wife and husband…I know what it entails in law in union,” Sifuna added.

Milimu, who had testified virtually, told the court she was married to Sifuna in a deal sealed by 13 elders from both families on August 15, 2012.

They had a child who is under her care. She wants the 'marriage' terminated.

In the dowry agreement, Sifuna was to pay Sh200,000 cash and 10 head of cattle as bride price to the Milimu family in Malava.

Milimu’s lawyer, Isiaho Sawe, protested the presence of journalists in court and wanted the case heard in camera. But Sifuna declined and asked that reporters to cover the case.

“Are you comfortable with this matter being heard in public and open court ?” principal magistrate Mokua asked.

Sifuna, who was in the dock, said, "Your Honour, I’m comfortable being heard in public even in the presence of the media."

The case was adjourned to February 23.

(Edited by V. Graham)

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