Kenya: Twists and Turns as Eldoret Magistrate Seeks to Divorce Lawyer

11 November 2019

Eldoret Resident Magistrate Diana Wikunza Milimu has filed for a divorce from Kakamega-based lawyer Edwin Wawire Wafula for reasons including adultery, desertion and divorce.

Ms Milimu's case to end a purported seven-year marriage was filed at a Kapsabet court and will be heard on November 14.

She accuses Mr Wafula of psychological torture and denying her conjugal rights, and says their differences are irreconcilable.


The magistrate says Mr Wafula spends a lot of time outside their home without informing her and does not provide for the family as a husband and father should.

"I have suffered stress and anguish because of violent tendencies and adulterous behaviour which have resulted in a broken marriage," states the petition filed by lawyer Isiaho Sawe.

The magistrate further accuses the lawyer of chasing her out of their home at night, thereby putting her life in danger.

She also says she has been sidelined in matters concerning the family.


In his response, however, Mr Wafula dismisses the claim that he and Ms Milimu were married and says the magistrate's seven-year-old child is not his.

The magistrate also sued the lawyer on behalf of the child, seeking upkeep and other expenses.

The lawyer stated his position in an affidavit filed at the Kapsabet court through lawyer Derek Mango.

Mr Wafula dismisses an annexure of a hand-written signature in a marriage agreement in 2012 under Luhya customary laws, saying he did not attend any dowry negotiations at the petitioner's home.

"Neither did I append my signature to the alleged marriage agreement", he says, adding a DNA test should establish the child's paternity.

The annexure says elders who represented Mr Wafula made a 50,000 down payment and promised to take six cows as the pride price

Ms Milimu had filed a case before Kakamega Chief Magistrate Bildad Ochieng' but she withdrew it last week.

Mr Ochieng' ordered the magistrate to pay Mr Wafula costs of the suit in which she contested ownership of a property worth Sh15 million.

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