A woman seeking divorce suffered a blow after the High Court in Kisii ordered that her family refunds the bride price. This is the second landmark divorce ruling by Kisii High Court in a span of less than six months.
When Rose Kerubo Maranga, 32, went to court seeking to divorce her husband of eight years, she got more than she had bargained for when the High Court in Kisii granted her wish, but with a rider that her father returns Sh130,000 bride price. And when the verdict was delivered, her father said he was ready to pay the price to free his daughter from the loveless marriage.
Rose and Gideon Magwara Nyangeso married on October 10, 2008, under the Christian Marriage Act Cap 150 of the Laws of Kenya. However, on April 8, 2014, Rose filed a petition which was registered in Kisii High Court against Gideon. In their submissions, both the petitioner and the respondent agreed that the marriage was irretrievably broken down.
In the judgment, Kisii High Court Judge Chrispin Nagillah granted Gideon’s prayer for return of the dowry, which translated to two cows at the value of Sh40,000 each and cash value of Sh50,000.
“Therefore, the petitioner’s father is hereby ordered to refund Sh130,000 to the respondent as dowry,” ruled Judge Nagillah.
Rose’s father Moses Maranga said that he would not force any of his daughters to stay in a marriage that was lifeless or like a prison. “I have no complaint. My daughter is now comfortable. Soon we will refund the dowry. My daughter asked for divorce and she was given. I am at peace,” said Mr Maranga. The case was heard and determined in camera. Gideon, 41, said he was not comfortable when the case was filed in court but admits that there were issues in the family just a few months after their marriage. “I had no option. She is the one who decided to take matters to court,” he said.
Rose filed the petition for divorce saying the marriage did not work and sought to be given custody of the baby.
