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Lifestyle

Ni Kubaya! More Kenyan Marriages To End in Premium Tears Following Latest Court Ruling

by Daily Trends
written by Daily Trends

More Kenyan marriages may soon end in premium tears.

This follows the latest supreme court ruling that was delivered by Supreme Court judges Philomena Mwilu, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola and William Ouko.

According to the Apex Court judges, the doctrine of presumption of marriage is on its deathbed following changes to the matrimonial laws in Kenya.

So where does this leave Kenyans who have been in come we stay marriages for a very long time?

Well, the court said the presumption of marriage should only be used sparingly where there is cogent evidence to support it.

Therefore, no matter how long you live together with your spouse in a come we stay set up, it cannot be recognized as marriage.

“It is becoming increasingly common for two consenting adults to live together for long durations where these two adults have neither the desire, wish nor intended to be within the confines of matrimony,” they said.

“Where such a situation is evident and there is no intention whatsoever of contracting a marriage, the presumption of marriage must never be made where this intention does not exist. It must always be remembered that marriage is a voluntary union. As such, courts should shy away from imposing ‘marriage’ on unwilling persons,” they added.

They said they recognise that there exist relationships where couples cohabit with no intention whatsoever of contracting a marriage.

For instance, the court observed that a person may have been in a marriage before and the marriage is no more due to the death of a spouse or divorce and due to their prior experiences, such persons may choose to have an interdependent relationship outside of marriage.

For others, the judges said, it may just be their desire never to marry but have a partner without the confines of marriage.

The judges urged the National Assembly, the Senate and the Attorney-General to formulate and enact Statute law that deals with cohabitees in long-term relationships, their rights, and obligations.

This ruling stems from a dispute between two long cohabitees who were fighting for an equal share of a property that they jointly acquired.

The case was first instituted by the man against the woman whom he claimed to be his wife.

His arguments were that they began cohabiting as husband and wife sometime in 1986 and that from joint savings, they purchased a property that later became the bone of contention after he was evicted from it.

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Politics

Atwoli Breaks His Silence After Supreme Court Upheld Ruto’s Win

by Mustafa Juma
written by Mustafa Juma

COTU Secretary General Francis Atwoli has broken his silence moments after the Supreme Court of Kenya upheld President elect William Ruto’s Win.

The Chief Justice Martha Koome-led court on Monday afternoon ruled that the Independent Electoral and Boundaries Commission (IEBC) had conducted a free, fair and verifiable election.

Atwoli has been heard confidently saying that Ruto will not become the president of the republic of Kenya.

The COTU boss has maintained his remarks during the Azimio la Umoja-One Kenya Coalition campaigns, and before that, he had even been heard saying that Ruto will not be on the ballot.

However, after the Supreme Court verdict, Atwoli took to his official social media handles and congratulated President elect Ruto.

Atwoli noted that COTU had unanimously agreed during their executive board meeting that they would thank and Congratulate the victor.

He went ahead to appeal to the workers and Kenyans at large to remain peaceful after the Supreme Court verdict.

“During COTU (K) Executive Board meeting on 17th August, we resolved THAT immediately after the Supreme Court judgement, we must thank and congratulate the victor. Consequently, we congratulate President William Ruto. We appeal to workers and Kenyans in general to remain peaceful,” Atwoli tweeted.

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Politics

Azimio Leaders Express Confidence As Raila Challenges Ruto’s Win In Supreme Court

by Pauline Waswa
written by Pauline Waswa

Azimio la Umoja-One Kenya Coalition allied leaders have expressed their confidence ahead of the election petition that will be filed at the Supreme Court on Monday.

The Azimio allies drawn from the Western Kenya region have maintained that they will fight until their presidential candidate Raila Odinga becomes the 5th president of Kenya.

The coalition is set to challenge the election of William Ruto who was declared the president-elect in the just concluded General election.

While condoling with the family of Nairobi senator elect Edwin Sifuna who lost his grandmother Lukelesia Nafula Sifuna, Godfrey Osotsi, the senator elect for Vihiga County on ODM party ticket said that they have gathered enough evidence which they will use against the Kenya Kwanza team.

Osotsi went ahead to ask for electoral justice saying that the voters’ decisions must be respected.

He faulted the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati for going against the will of the people.

“It cannot be always that when Kenyans demonstrate their democratic right by voting, some few individuals like Chebukati ends up deciding for them who to be their president and that’s why we as AZIMIO One Kenya we are going to seek for a solution constitutionally to tackle those who were involved in this malicious act,” he said.

He went ahead to call out the president elect for going against the law by accepting  other political parties from AZIMIO One Kenya  to join Kenya Kwanza saying that he is manipulating them with money to join him and so risking losing  their seats according to the political parties act that says that they are not supposed to do so.

“I want to tell the deputy president to slow down, he is yet to be the president and he might not be because I believe that the Supreme Court is going to nullify it. We have enough evidence to show that the tallying process was corrupt and so where we stand as a country, we are yet to know who the president is,” he said.

His sentiments were echoed by Edwin Sifuna who said that the decision now lies in the hands of the supreme court and as AZIMIO One Kenya, they have prepared adequately and they are sure that justice will prevail.

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Crime & Investigations

Waititu Rushes to Supreme Court to Fight Back

by Mustafa Juma
written by Mustafa Juma

Impeached Kiambu county governor Ferdinand Waititu on Monday moved to the Supreme Court to contest the decision to lock him out of office.

Waititu claims in the notice of appeal to the apex court that he is dissatisfied with the Court of Appeal’s decision last Friday to uphold his suspension, claiming that it amounted to removing him from office through the back door.

“Being dissatisfied with the entire decision of the Appellate Court, the applicant is seeking the Supreme Court’s intervention to enforce his rights as an elected governor and those of Kiambu people who stand to suffer if the decision is not overturned,” read the notice of appeal.

Appellate Judges Daniel Musinga, Agnes Murgor and Gatembu Kairu on Friday upheld a High Court decision, which suspended Waititu and Samburu Governor Moses Lenolkulal from office after they were charged with embezzling public funds.

Also Read: Blow to Governor Lenolkulal as DPP Demands Cancellation of His Bond

The governor was charged in July with conspiracy to steal Sh58 million from Kiambu County during the award of a Sh588 million tender for roads construction.

He was charged alongside his wife Susan Wangari Ndun’gu, former County Chief Officer for Roads Luka Mwangi, businessman Charles Chege and his wife Beth Wangeci as well as six county employees.

The trial magistrate then barred Waititu from accessing his office as a condition for being released on bail.

The ruling was upheld by High Court Judge Grace Ngenye who declared that the governor should not set foot in the county offices until the corruption case is concluded.

Judges Musinga, Murgor and Gatembu ruled that public interest outweighed the two governors’ individual rights to access their offices.

“We find nothing wrong with the lower court’s decision to bar the governors from accessing their offices. As much as it will be inconveniencing to them, we find that it is necessary to impose the conditions to safeguard public resources and the court’s integrity,” ruled the judges.

People Also Read; Revealed: Here is where Waititu was ‘hiding’ the whole of Saturday

According to the judges, it would be wrong to allow Waititu to set foot in the same offices he is accused of committing the crimes and interact with the same witnesses, who are his junior staff, scheduled to testify against him.

On the issue of a vacuum being witnessed at the counties due to the governors’ absence, the judges stated that the constitution already has a provision for deputy governors to take over functions of running county affairs in the absence of their bosses.

“There is absolutely no fear of vacuum in leadership in the absence of a governor. We have had instances where the governor is having ill-health and their deputies take over. The law provides that the deputies can run the affairs if the governor is absent,” ruled the judges.

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Politics

Waiguru wins big in another Court battle

by Mustafa Juma
written by Mustafa Juma

Kirinyaga Governor Anne Waiguru on Tuesday beat former presidential aspirant Martha Karua in a supreme court battle.

The bench ruled that the eloquent governor would continue carrying out her gubernatorial duties.

“God has been on our side, it was among the last case to be determined and I think. We won this election fairly, people of Kirinyaga put their trust in us,” Waiguru divulged.

“I think Martha Karua should finally accept and put this matter to rest, it is unfortunate that we have had to take two years of a court process that has costed a lot of money,” she added.

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