By Jack Murima |
November 9th 2019 at 12:00:00 GMT +0300
The court has ordered an Eldoret based magistrate to pay a lawyer costs after she withdrew a case she had filed against the advocate over “matrimonial property”.
Diana Wikunza Milimu, a Resident Magistrate at Eldoret Law Courts had sued lawyer Edwin Wafula Wawire over claims that he disposed of some assets without her consent.
Kakamega Chief Magistrate Bildad Ochieng’ dismissed the case filed by Wikunza after the lawyer refuted claims that they were married.
The suit property is a bungalow estimated to be worth Sh15 million, sitting on a half an acre parcel of land in Kakamega.
In court papers, the magistrate stated that she was informed on September 10 that Wafula was intending to sell the land, BUTSOTSO/SHIKOTI/19918.
She made an inquiry at the lands registry where a search revealed that the land had changed ownership to Priscila Nyarangi Musota who Wikunza sued as the second respondent.
The plaintiff argued that she was the wife of the advocate having been married in 2012 and she contributed to construction of the mansion.
Wikunza annexed a purported marriage agreement showing that the lawyer had paid Sh50,000 and six herds of cattle to her parents as dowry.
She further produced a birth certificate of her daughter whom she claimed was sired by Wafula.
The lawyer denied that he was married to the plaintiff saying they were friends between 2012 and 2015 when she was a student at Moi University.
He stated that he supported the plaintiff when she worked in her office.
Wafula further argued that the friendship was never intended to lead to marriage and claimed that Wikunza had relations “with other men.”
He dismissed the marriage agreement saying the document did not bear his signature thus it was a forgery.
Wafula said he is not sure whether the child in question was born out of “the many relationships the plaintiff had with other men.”
Through lawyer Derek Mango, the defendant swore that he built the house single handedly as the plaintiff was not working at the time, hence could not offer any help.
“I acquired the suit property using my own resources and I neither requested nor received any assistance from the plaintiff who in any event could not have been in any position to provide,” said Wafula.
He claimed he “invited the plaintiff” to his house after work to just keep him company and this was not intended to be a marriage.
“I was never married to the applicant as she was a mere jaywalker and a certified gold-digger who happened to use her charms to bait me. On several occasions I busted the applicant with different men in my house which prompted her to leave. She begun having multiple relationships with different men and women known to men,” said Wafula.
The advocate claimed that the plaintiff hired thugs twice to harm him and he reported the matter to Kakamega Police Station but no action was taken.
Wafula alleged that the plaintiff was involved in cultism, devil worship and witchcraft.
“I came to learn that the plaintiff was putting toxic and poisonous substances in my meals and drinks to kill me without raising suspicion,” he added.
Mr Ochieng’ dismissed the petition and marked the matter closed.