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Citizen Weekly

Sunday, 12 April 2015

Wife who fled with herbalist told to refund dowry

A couple who have been ordered to pay a secondary school teacher in Nyamira county of interests and costs of a suit he filed against them leading to a land mark ruling that he be paid back part of his dowry and school fees amounting to Sh205,000  have changed their place of residence.
Lawyer Samson Sagwe who represented James Mayaka Mong’are in the two-year-old case has petitioned the government to trace the two children Benson Mayaka so that they can be taken back to their father as there was no case pending  in the Children’s Court in Nyamira.
A search within Daraja Mbili market to gather more information from the respondents established that the couple were seen packing their household goods and bedding to unknown destination.
Mong’are who is a teacher at Motagara Girls’ Secondary School in Nyamira county county argues that the woman Everlyne Kerubo Makiini does not have means of maintaining the children including shelter, food and medication and they should be returned back to him as immediate as possible.
He says he has gainful employment having been promoted recently and he had proved the same in the Children’s Court in Nyamira when her application was dismissed because she failed to prosecute her case.
Mong’are avers that he was able to take care of the younger child between 2002 and 2004 when his former wife was at Narok Teachers Training College where he fully catered for her fees and other expenses.
He has sued Kerubo together with the herbalist she is cohabiting with Charles Moseti Onchiri alias Daniel K Bosire since she deserted their matrimonial home in April 2009.
The woman who was employed as a primary school teacher in 2013 and posted to Marani district in Kisii county was ordered to pay Mong’are Sh205,000 being part of the school fees he spent to educate her in college and dowry paid to her parents.
By the time of going to press, the lawyer had prepared the bill of costs awaiting the court to issue notice show cause.
Presiding Judges Ruth Nekoye  Sitati and C Nagillah ordered the woman who had deserted her husband to cohabit with the traditional herbalist to pay the money together with interests while they will share the cots of the suit.
The teacher who filed the petition in 2011 crying of justice and hearing commenced between 2th and 25th of November 2013, had accused the woman of adultery, cruel, embarrassment  and mental torture.
According to Mong’are, in 2000 under the the customary laws where they  solemnised their marriage under r the marriage Act Cap 150 at the district commissioner’s office in Nyamira where they were issued with a marriage certificate on September 7 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 a tune of  Sh209,000 for her tuition fees and other expenses.
He added that he paid  Sh60,000  in lieu  of three herds of cattle  and Sh60,000 in cash to the parents of the woman whom he maintained that she should not have the custody of the woman because she has got no source of income.