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‘Adulterous’ woman loses appeal to save her marriage

The Court of Appeal has dismissed a case filed by an estranged woman challenging the dissolution of her marriage on adultery grounds.

Ms Everlyne Kerubo had been ordered by the Kisii High Court to pay her former husband Mr James Mayaka Sh205,000, money he had spent on her to pay dowry and for other maintenance costs, in a landmark ruling last year.

Mr Mayaka had moved to court, seeking orders to have their union dissolved after his wife deserted their matrimonial home in 2009.


He claims she went to Daraja Mbili, in Kisii County, to live with another man.

The couple married at the Nyamira district commissioners’ office on September 7, 2004. They have two children.

Mr Mayaka reckoned he had paid three cows to her estranged wife’s parents and an additional Sh60,000, which he used to pay for tuition for her other schooling siblings.

Mr Mayaka had further told the court that he had used his money to pay college tuition for Ms Kerubo, who later fell in love with another man and moved out of their matrimonial home.

In his submissions, Mr Mayaka further sought custody of his two children from the woman, saying their studies had been affected after the woman abandoned him.

However on Monday, Appellate Judges Daniel Musinga, Steve Gatembu and Agnes Murgor faulted Ms Kerubo for filing a delayed appeal and that she failed to deposit a half of the refund in an account.

The judges said Ms Kerubo further failed to place the appeal within the required time frame.


“If a party has lodged a notice of appeal then fails to institute an appeal within the appointed time, he shall be deemed to have withdrawn his notice of appeal and the court may on its own motion make such an order,” read the ruling after Mr Mayaka move to the court to have the appeal quashed.

“The party in default shall be liable to pay the costs arising therefrom of any persons on whom the notice of appeal was served,” it added.

The judges observed that Ms Makini had failed to comply with rules of the court and thus quashing the appeal.