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Woman who ‘abandoned’ husband seeks to stop him from remarrying

A woman in Kirinyaga County has sued her husband of 24 years for allegedly planning to marry a second wife secretly.

Through lawyer Bonyenya Thuranira, Ms Sicily Wawira wants a Kerugoya court to restrain Mr Peter Mwai from remarrying.

She asked the court to restrain Karima Catholic Church from solemnising the planned marriage and the Registrar of Marriages in Embu barred from issuing the related marriage certificate.

Ms Wawira said she and Mr Mwai got married in a customary ceremony in 1992 and were blessed with two children.

The marriage, she added, was consented to by their parents upon the payment of dowry.

She claimed that her husband, being aware of the existing customary marriage, unlawfully and maliciously and without any rights planned to marry another woman.

MARRIAGE NOT DISSOLVED

Further, Ms Wawira argued, the customary marriage has not been dissolved by any competent court in Kenya and, as such, her husband had no legal right to marry another woman in a Christian marriage.

She told the court that her biological children will be psychologically and emotionally affected if the planned marriage is solemnised.

But Mr Mwai accused Ms Wawira of fleeing the matrimonial home five years ago, leaving their two daughters under his care.

“She left home when our daughters were so young and now they are grown-ups,” said Mr Mwai through his lawyer.

“We have brought up the children with the second woman, whom I want to marry, and the application should be struck out with costs.”

Mr Mwai told the court that he would incur a heavy loss of Sh150,000 if the planned wedding fails to kick off.

However, Senior Principal Magistrate Y M Barasa allowed the application. He ordered that the case be heard on January 11.