The Court of Appeal, siting in Kisumu, has dismissed a case challenging a ruling that had granted James Mayaka, a secondary school teacher, divorce and also ordered that the wife partially refunds the dowry he had paid for her as well as college fees.
In their ruling, a three appellate judge bench that comprised of W. Karanja, F. Azangalala and S. Gatembu Kairu, the judges said the application to challenge the lower court ruling was devoid of merit.
In a judgment delivered on February 27, 2015, by Judge Chrispin Nangila on behalf of Judge Ruth Sitati, Kisii High Court decreed that the marriage between James Mayaka and Everline Kerubo, be dissolved as a result of a divorce suit that had been filed by Mayaka.
In the divorce suit, Mayaka, through Sagwe and Co. Advocates, said his wife, whom he married in 2004, left him for another man in 2009, five years into their marriage.
Mayaka wanted the court to order Kerubo to pay back the KSh209, 000 he paid for her in college fees and another KSh120, 000 he paid as dowry.
The court however, ordered Kerubo to refund half the amount for each category: KSh104, 000 for college fees and KSh60, 000 for dowry, totaling to KSh164, 000.
However, the figure rose to KSh205, 000 after interest was factored in.