Court refuses to recognise woman as James Mabea's second wife
A court in Trans Nzoia on Friday dismissed a case by a woman who wanted to be recognised as a second wife in a burial dispute.
Ms Eve Adhiambo Okuku moved to court in Homa Bay to stop the burial of former Rachuonyo North Assistant County Commissioner James Momanyi Mabea.
Ms Okuku accused the Mabea family of failing to recognise her as his wife and excluding her from the burial plans.
However, Senior Resident Magistrate Dancan Kiptoo Mtai said Ms Okuku cannot be recognised as a wife in view of the 2014 Marriage Act.
“Mabea’s first marriage was not annulled, rendering the second one to the plaintiff null and void. This court dismisses the suit with costs,” he said.
Ms Okuku told the court that she married the administrator under customary law in 2013 and knew that Ms Pacifica Nyaboke was her co-wife and a Mr Brian Kegicha as her stepson.
“I lived with Mabea in Nyalkinyi, Homa Bay County, until his death,” Ms Okuku said.
She claimed to have been threatened by her “in-laws” who told her not to attend the funeral.
Ms Okuku told the magistrate that she single-handedly took care of Mabea when he was sick and accompanied him to hospitals in Uasin Gishu and Bomet counties.
However, Ms Nyaboke said she and Mabea had a Catholic wedding on December 16, 2000.
She said Ms Okuku was a concubine and that she had tempted her husband into adultery at his place of work. She said none of his relatives were known to Ms Okuku. BY DAILY NATION
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