A Kisii court has dissolved a woman-to-woman marriage and ordered the "wife" to return three head of cattle paid to her parents as bride price.
Ms Alice Mogere must repay the bride wealth, ordered the court, which also gave her 28 days within which to contest the judgment that effectively terminated her 10-year-old marriage to Ms Rusia Mosinya.
Senior resident magistrate Loice Komingoi ruled: "The 'husband' has indicated that she does not want to continue staying with her 'wife' and the court cannot force her to do so. The defendant (Ms Mogere) should refund the dowry to the petitioner and also pay costs of the suit.
At the time of her "marriage", she had three children but she has now left her "matrimonial home" with three more, all under her care.
Ms Mosinya had in her suit accused Ms Mogere of failing to return to her matrimonial home with her parents as ordered by her "husband."
She stated that she sent away the "wife" to bring her parents after she found strange charms in her room.
The "husband", after waiting for long for the "wife" to comply, sent some villagers to collect the bride wealth but were denied, forcing her to seek court action.
They married in 1994 before Mosinya's husband died. She had failed to get children and her husband, a Mr Nyarwati, gave her a free hand to marry for the sake of family lineage. Mr Nyarwati, the court heard, even contributed a cow to the bride price.
But in her defence affidavit, the "wife" dismissed the charms claim as a blatant lie.
"We never used to stay in the same house so the issue of her getting charms in my house does not arise, she stated.
She claimed she was chased away from her matrimonial home by her "husband" and her son.
"I never ran away but was chased by her and her son, she said.
She denied being bad mannered, ill tempered or abusive as claimed by the "husband". In her affidavit, Ms Mogere pleaded that if the divorce was allowed, she stood to suffer with her six children. |