Proceedings were this week brought to a dramatic and unbelievable pause in a Kapsabet court during the hearing of a divorce and child support case.
This was after the plaintiff, Edwin Wawire Wafula, who is fighting a divorce case from his wife Diana Milimu, claimed that the Magistrate, Boniface Wachira was having an affair with his estranged wife who is also a magistrate.
Earlier this year, in March, Wafula had already filed several affidavits demanding Magistrate Boniface Wachira recuse himself as he was in an intimate relationship with a plaintiff, his estranged wife. Therefore, he could not be impartial, the lawyer said.
The lawyer-husband Wafula, through his advocate David Mango, had also claimed his wife and the trial magistrate were in constant communication planning how to “fix” him in both the divorce and child-support cases.
More shockwaves were sent across the already astonished courtroom after the Magistrate responded
The trial magistrate didn’t deny it but instead recused himself from hearing both the divorce and the woman’s request for maintenance of her 12-year-old child, further fueling the rumoured scandal.
In an application certified as urgent, Wafula claimed the magistrate-plaintiff and the trial magistrate were judicial officers of the same rank and therefore he could not receive “an iota of justice”.
If Wachira handled both cases to their conclusion, it would be a miscarriage of justice, the husband said.
Wafula, a Kakamega based lawyer, has not only denied ever being married to Diana, but has also gone ahead to question the paternity of the child in question.
This isn’t the first time that the case is hitting the headlines. It first came to national prominence after it was reported that a magistrate had sought for divorce from her lawyer husband, not because of infidelity or cruelty, but because of being denied her conjugal rights.
Diana claimed that her husband was not taking care of her sexual needs.