Woman’s bigamy suit gets go-ahead

BY BEAUTTAH OMANGA

A Nakuru court has given a Kenyan woman the nod to proceed with private criminal prosecution against her estranged German husband Mr Paul Flach for bigamy.

Nakuru Principal Magistrate Munju Njoroge said on Friday that Jane Akoth’s move was legally acceptable and advised Flach to prepare his defence.

"I see no ground to stop a private prosecution instituted by the plaintiff (Jane Akoth). The private prosecution is properly in court," he said.

The court directed the aggrieved woman to serve her papers to the Attorney-General and the Director of Criminal Investigations "to enable them follow the proceedings if they wish to".

He said police had not acted on the bigamy accusation as reported by Akoth forcing her to seek court redress. Flach had asked the court to strike out the application with a private prosecution on grounds that the AG and the police were the ones mandated to prosecute him for the alleged bigamy.

Flach was arrested early this year in Mombasa and taken to Nakuru to face the bigamy charges. Upon his appearance in court, the German millionaire was ordered to deposit his passport with the court until all cases facing him were heard and determined.

He has failed twice to have the court release his passport to travel home for specialised treatment.

Flach maintains that he was never married to Akoth and that she was a mere business partner who now wants to benefit from his hard earned money.

In her response, Akoth represented by Nakuru-based lawyer Kahiga Waitindi maintains that she was legally married to Flach during a ceremony held in Nakuru on April 9, 2009.

Akoth told justice Ouko that during the wedding, her husband’s son, identified as Holger-Kolfer, was the best man.

To confirm that they were married, Akoth told the court that Flach had filed for divorce, a move that was thrown out by a lower court.