Connect with us

News

Photos do not prove marriage, court tells woman

Published

on

Married people cannot use photographs as evidence of their union, the High Court in Embu has ruled in a dispute pitting a woman against her stepdaughter.

The pictures can only be used to tell a story about people and their interaction, Justice Florence Muchemi said on Monday.

The case involved the distribution of Mr Njeru Njagi’s estate.

It was filed by Njagi’s daughter Annete Wandia against Ms Irene Waithira, who claimed to be her stepmother.

Ms Wandia said she did not know about the relationship between her father and Ms Waithira.

While urging the court to revoke the letters of the administration of the estate issued to Ms Waithira, she maintained that the woman is not her stepmother.

Ms Wandia added that Ms Waithira did not participate in her father’s funeral arrangements and burial.

She said the circumstances surrounding the relationship between Ms Waithira and her father did not give the impression of a married couple.

Ms Wandia’s uncle Isaac Mugambi told the court that his brother’s known wife was Ms Wandia’s mother and she had died.

He, however, added that he knew Ms Waithira.

But Ms Waithira fought back, maintaining that she was married to Njagi in a traditional ceremony though she was not aware if dowry had been paid.

She produced 13 photographs taken with Njagi in her efforts to prove that she was his wife.

One of the photos was that of herself and Njagi and another was of a birthday party of her grandchild where Ms Wandia appeared to be served a cake by the child.

Ms Wandia did not explain to the court why she was at the birthday celebration.

On the claim that she did not attend Njagi’s burial, Ms Waithira tabled a photograph of her laying a wreath on the grave.

Justice Muchemi dismissed Ms Waithira’s use of the pictures to prove the marriage, though she said they demonstrated a deep interaction between Njagi and the respondent.

The court was told that Njagi took Ms Waithira as his companion in 1997 after his wife died a few years earlier.

By the time of his death, the two had cohabited for about five years, she said.

She added that they did not have children but Njagi adopted her daughter, named Rahab.

Justice Muchemi, however, said there was no customary marriage between the respondent and Njagi.

She added that there was cohabitation “whose circumstances can be presumed to be marriage”.

The judge said the parties conducted themselves in such a manner that a marriage could be presumed.

She said a long period of cohabitation may give rise to a presumption of marriage in favour of the party, as previously held by the East African Court of Appeal.

Due to the cohabitation, the court found that Ms Waithira was Njagi’s wife at the time of his death and not a stranger.

She said Ms Waithira is legally entitled to apply for a grant.

The judge ordered that a fresh grant be issued in the names of Ms Waithira and Ms Wandia.

By nation.co.ke

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Waititu ordered to present himself to KNH after skipping court sessions 

Published

on

BY KEVIN KOECH

Former Kiambu governor Ferdinand Waititu has received a directive from a Nairobi court to present himself at Kenyatta National Hospital.

This follows his lawyers’ sentiments claiming that the accused was ailing.

As per the prosecution’s request, the magistrate allowed Waititu to be checked by three doctors appointed by the Kenya Medical Practitioners and Dentist Board (KMPDB). The doctors will afterwards present their report in court.

This comes after reports that the former Kiambu county boss tested positive for the dreaded covid-19 virus.

According to his lawyers, he was admitted at a health facility in Huruma where he was recuperating, which led to the adjournment of a graft case against him.

Although the defence team led by John Sakwa argued that a medical examination on Waititu would infringe on his privacy rights, the state counsel stated otherwise.

The magistrates has directed that a sealed medical report regarding Waititu’s health be presented to him within seven days.

Further, the magistrate ordered Waititu to avail himself in court for the hearing of the Ksh 588 million graft charges against him.

The corruption case that also involves Waititu’s wife Susan Wangari Ndungu failed to kick off on Monday for the third time.

This was after the court received information that the former governor was hospitalised.

Continue Reading

Lifestyle

Veteran Vioja Mahakamani actor Mzee Makanyanga passes on

Published

on

Comedian Mohamed Tajiri popularly also known as Mzee Makanyanga has passed away at his Majengo, Pumwani home.

The news has been announced by Ken Waudo the chairman of Comedians In Kenya Society.

Comedian Mohamed Tajiri popularly also known as Mzee Makanyanga has passed away at his Majengo, Pumwani home.

The news has been announced by Ken Waudo the chairman of Comedians In Kenya Society.

He told Mpasho in a statement, “As #ComediansKE Society we would like to wish Mzee Makanyanga’s soul to rest in eternal peace. We celebrate him and his moments with us during his lifetime.”

He added,

“Arrangements are underway to inter his body tomorrow at 1pm at the Kariakor Muslim Cemetery.”

Mzee Makanyaga was born 1935 at Pangani, Nairobi was a veteran actor and comedian having acted in KBC/VOK programmes such as Zuberi, Chipukizi, Darubini, Vioja Mahakamani and Vitimbi.

He was 85 years old.

by Mpasho.co.ke

Continue Reading

Lifestyle

Woman who lived with boyfriend’s body for three days arrested

Published

on

The police on Tuesday arrested a woman in connection with the death of a Pwani University student in Uasin Gishu County.

The 26-year-old woman identified by police as Jane Wairimu is suspected to have killed David Wairire, 23, in Kipkenyo, Kapseret Constituency on Saturday night.

Police officers say the suspect then stayed with the lifeless body of the man until Tuesday 26 October when neighbours discovered the student had died.

Residents said the duo have been living as a couple for nearly six months.

Body discovered in the house couple shared

Wairimu startled neighbours after she claimed that thugs attacked her and Wairire on Saturday night, but the matter was not reported until Tuesday when the university student’s body was discovered in the same house the couple have been living in.

According to the suspect, Wairire lost consciousness after the alleged Saturday night attack at a nearby Kipkaren Trading Centre.

Her explanation regarding the circumstances of her boyfriend’s death and why she did not report the attack since Saturday night is what raised eyebrows. Neighbours have accused her of killing the university student.

Body found with stab wounds

Wairire’s body had its hands tied, a stab wound in the stomach and a bruise on the face. The police suspect it to be a case of murder.

The house is part of rental houses he inherited from his late father, and he has been collecting rent, tenants said.

His uncle Moffat Muriuki said Wairire was the only child of his late parents and has been managing the estate his father left behind.

Mr Muriuki said the late Wairire had been living with the suspect for the last five months and the two had not been quarrelling.

“I last met him on Thursday last week, and we have not talked since then. I was planning to attend a burial in the neighbourhood when I was called by Wairire’s neighbour that my nephew was dead,” Muriuki said.

He added: “I don’t know much about the character of the young woman he has been living in his late father’s rental property but neighbours say they have been living peacefully.”

He wondered why the woman failed to report the death and stayed with the corpse for four days.

Missing since Saturday

James Lugano, a next-door neighbour, said he also became suspicious after he failed to see Wairire for several days.

“I met his girlfriend in the morning and I asked her how Wairire was doing, and she told me that they were attacked on Saturday evening and that he has been unconscious since then. I was shocked and asked to see him. Upon entering the house, I found him lying lifeless covered with a blanket from the chest down,” Lugano narrated.

He continued: “I doubted whether he was alive and I moved out and luckily some traffic police officers on patrol were driving near the house. I requested for help and immediately they entered the house, and they told me that my neighbour was already dead.”

Uasin Gishu County Police Commander Ali Gitonga said both Wairimu and the deceased had bruises on the bodies, an indication that the couple may have fought.

Mr Gitonga said the suspect is being held at the Langas Police Station for interrogation.

“We suspect that the young man died two days before the body was discovered.

Investigations are ongoing and the body has been taken to the Moi Teaching and Referral Hospital for autopsy,” the police boss said.

by Standard.co.ke

Continue Reading


poapay3

Like us on Facebook, stay informed

NEWS TRENDING RIGHT NOW

2020 Calendar

satellite-communication1.jpg

Trending