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Citizen Weekly

Sunday, 29 March 2015

Judge declares teachers’ marriage dead after herbalist enters union

“ The marriage here is dead and I see no reason why the court  should not grant the order sought as it is obvious the couple herein have lost all love for each other and the likelihood for a re-union is remote,” was a summary of the ruling against a woman who has deserted her husband to cohabit with a traditional herbalist in Kisii.
Presiding High Court judges Ruth Sitati and C Nagillah ordered Everlyne Kerubo Makini to refund James Mayaka Mong’are, a secondary school teacher in Nyamira county half of the school fees he spent to educate her and half the dowry paid to her parents which totals to Sh205,000 together with interest.
In a landmark ruling, Justice Sitati ordered the woman together with Charles Moseti Onchiri alias Daniel K Bosire with whom she has been cohabiting with since she deserted their matrimonial home in April 2009 to bear the costs of the petition which will amount to about Sh500,000.
The teacher who filed the petition in 2011 and was amended in 2013 when it was heard on 2th and 25th of November 2 and 25 had accused the woman of adultery, cruel, embarrassment and mental torture.
According to Mong’are who teaches at Motagara Girls Secondary School,  he married Everlyne in 2000 under the customary law and later solemnised the same under the marriage Act at the district commissioner’s office in Nyamira where they were issued with a marriage certificate on September 7 2004.
In their marriage, they were blessed with two children who were born on October 31 2002 and April 20 2006. He took a medical cover for the wife before enrolling her as a P1 teacher at Narok Teachers Training College where she graduated in 2004.
The petitioner produced in court a bunch of letters written to him by the wife when she was at the college where she was admitted on January 9 2002 and saw him spend up to Sh209,000 for her tuition fees and other expenses.
He added that he paid  Sh60,000 in lieu of three heads of cattle and Sh60,000 in cash to the parents of the woman.
On the custody of the children, the court ruled that the matter be settled by the Children’s Court in Nyamira. The teacher says that he has made an application for it to be dismissed and it is yet to be ruled.
“Accordingly, I hereby pronounce a decree of divorce and order that the marriage solemnised on 9th September 2004 at the DC’s office in  Nyamira between James Mayaka Mong’are and Ecerlyne Kerubo Makini be and is hereby dissolved,” ruled the court as celebration and crying ensued.