Appearing before Senior Principal Abdulhaman Athman, the wife, only abbreviated as H.H.A told the court that her husband has neglected his spousal and fatherly duties.
The court heard that H.H.A left her husband and has been cohabiting with a younger herdsman. She is reportedly pregnant with the herdsman’s child.
The two, as the court heard, had been married for 30 years and bore ten children together.
The 80-year-old husband abbreviated as I.M.I claimed it was H.H.A who walked out on him and made away with his KSh700,000 and 30 goats before going to cohabit with another man.
In her case, the wife claimed that she preferred a “younger, more energetic and handsome young man.”
Senior Principal Athman, however, declined her petition, citing that courts should not be used to encourage immorality.
“The petitioner came to court with unclean hands. She admitted adultery and infidelity… she no longer loves her husband and would wish to live with a younger, energetic and handsome young man and wishes the court to assist her in her endeavour.
“The petition for divorce fails…the petitioner is the respondent’s legal wife. She is hereby prohibited from cohabiting with another man other than her husband,” Athman ruled.
Now that the woman was pregnant, she was also prohibited from practising conjugal rights with her husband until she delivered.
Athman also affirmed that her husband was not biologically or legally responsible for the unborn child, declaring, “the child shall be declared as the mother’s child only.”
Her husband’s hopes to get his allegedly stolen money back were shuttered, after Judge Athman dismissed his claim, noting that he could not provide sufficient evidence to prove that his wife had taken KSh700, 000 and 30 goats.