Nairobi — Embattled televangelist Margaret Wanjiru suffered yet another setback when she lost a bid to have the man who claims to be her common law husband cross-examined.

At the same time, the High Court for the second time stopped her intended marriage to South African preacher Samuel Matjeke until a case filed by Mr James Kamangu Ndimu challenging the union was heard and determined. The first order stopping the wedding was granted on Thursday last week.

Dismissing Bishop Wanjiru's application to put Mr Kamangu in the witness box over the contents of his affidavit, Mr Justice George Dulu said there was insufficient material before him to warrant the order sought.

Proper basis

The televangelist, the judge said, had failed to lay a proper basis as to why she should be allowed to cross examine Mr Kamangu. He (Mr Kamangu) "can choose to be brief and that can't be the basis of allowing cross-examination. The applicant (Bishop Wanjiru) has not laid enough material before me to order for cross-examination," said Mr Justice Dulu.

The ruling arose out of an application made by the bishop through lawyer Fred Ojiambo.

Mr Ojiambo said it would be fair for the court to be given all facts of the case, and that could only be done by allowing the bishop to cross-examine Mr Kamangu on his affidavit.

"My Lords, as long as the facts sought to be adduced before the court are relevant and emanate from the affidavit, a cross-examination order ought to be made," the lawyer said.

He also said there was need to find out whether the televangelist was married to Mr Kamangu and cited the affidavit, where Mr Kamangu said he married the bishop three times.

Mr Ojiambo said it was impossible to marry one person three times.

But, objecting to the plea, lawyer C.N. Kihara said the bishop had not denied that she was Mr Kamangu's wife. He termed the application scandalous and intended to perpetuate a vendetta. Bishop Wanjiru, he said, was engaged in an egoistic mission, and didn't intend to cross examine his client.

Yesterday, the judge said the bishop, having filed grounds of objection in the case, had denied the claim.

He further said if cross-examination of Mr Kamangu was allowed at that stage, the court would be trapped into discussing the issues of the main suit while it was still pending.

The judge ordered that the matter be mentioned before a judge at the High Court's family division for purposes of taking hearing dates. He said he could not give the dates as he had been transferred to the criminal division.

Mr Justice Dulu's orders arose out of an application made by Mr Kamangu, who claims to be Bishop Wanjiru's lawful husband.

Other reliefs sought included a declaration that there existed a marriage between him and the bishop and that he was entitled to enjoy conjugal rights.

The case will be mentioned on February 20.