A Nakuru woman was left with great disappointment after the court refused to grant her wish of being recognized as a wife to a deceased businessman.
According to court documents, the woman identified as CW claimed that she had had a five year long relationship with the deceased identified as BM and bore him five children.
CW moved to court wanting to be given a share of the deceased estates. She argued that she had been married to BM in 1983 under the Kikuyu customary law.
In his ruling however, Judge Joel Ngugi said that that was not enough proof since families from both sides were not aware of the existence of the marriage.
“Despite living together or bearing children, a man and woman must satisfy what constitutes a customary marriage before they are considered a married couple,” the Judge said.
He went on to say that as much as customary law had become very dynamic, it was important to follow some formalities to qualify a Kikuyu customary marriage.
“There are certain formalities that must be undertaken to qualify a Kikuyu customary marriage. Dowry must also be paid in full or in part before cohabitation,” the judge went on.
CW was fighting over the control of BM’s estate with another woman identified as LW. They all wanted to be in charge of three plots located in Nakuru and a farm that is in Elburgon.
CW filed the case in March 2010 wanting to be also be in charge of the property that had been left behind after the death of BM in October 2008.
She argued that they only separated after five years of marriage because of some differences. She however failed to provide proof that her dowry had been paid.
LW on her side proved to the court that she was BM’s only legal wife, whom she got married to in 1986 before they formalized their union in church on March 10, 1991.
She revealed that her husband paid KSh20, 000 as her dowry, and they had three children. She further produced a pays lip indicating her monthly salary of Ksh36,000 and alleged she contributed more to the purchase of BM’s properties.
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