After 20 years of marriage, the union of 46-year-old David Munyao and 41-year-old Agnes Kathule — residents of Mwingi Central in Kitui County — has come tumbling down with a startling thud.
Munyao, a senior driver attached to the Office of the Auditor-General, accuses his spouse of, among other things, infidelity. The 46-year-old told a Milimani Court that so flagrant was his wife’s infidelity that she couldn’t draw the line on who was her husband’s relations; Munyao accuses his partner of engaging in sexual relationships with his uncle and brother.
The man who hails from Ukasi Village in Mwingi Central, Kitui County first broke up with his wife in 2014. On July 17, 2017, he filed for divorce at the Milimani Law Courts in Nairobi.
The filing of the separation suit came right after the birth of their third-born child, whose paternity he denied.
According to Munyao, his marriage had irredeemably broken down! His grounds for divorce were: adultery, cruelty and sorcery allegedly practiced by his wife.
In the divorce documents, Munyao alleged that his partner, a tailor by profession, was a self-confessed sorcerer, who had developed a penchant for visiting witchdoctors’ dens.
The 46-year-old further claimed that his spouse was violent, and often used foul language when addressing him in public.
Munyao also alleged that Kathule had introduced their children to “dark powers”.
The divorce case was, on February 26, 2018, transferred to the Mwingi Law Courts from Milimani Law Courts.
While the case was still at the Milimani Courts, Munyao said — during one of the hearings — that he had been forced to flee his matrimonial home after his wife stabbed him using a kitchen knife.
According to the divorce-seeker, his spouse conspired with her “lovers” to eliminate him.
Munyao told the court that after leaving his matrimonial residence, he constructed another home in Mwingi Central, where attackers accosted and harmed him.
“I was, thereafter, forced to put up at a neighbour’s house,” said Munyao.
Munyao emphatically stated he was “sure” his marriage had collapsed beyond redemption, and, therefore, wanted the dissolution of the union so that he “can marry another woman”.
Customarily, Munyao said his marriage had already been dissolved by the Kamba elders. His wife — a mother of four daughters — was given, as part of divorce settlement, 20 acres parcel of land, a six-room house, 2, 000-litre water tank, three donkeys, a bicycle, a developed 50-foot-wide by 100-foot-long parcel of land at Musovo Market and two sewing machines.
Munyao was also directed by the elders to educate all the four children.
The senior driver now says despite reaching the above agreement, his wife still “torments” him.
“I want a formal divorce so that I can remarry and regain my sanity,” he said.
“Currently, I put up at a neighbour’s place, and I am constantly in fear for my life because of the threats I’m receiving from my estranged spouse. Every time I walk in public, I must look for someone to accompany me,” he said.
Munyao accuses one of his uncles of ganging up with his partner to make his life miserable.
“My uncle even told me that I won’t get the divorce that I so much yearn for because he wines and dines with magistrates,” he said.
“I am only praying that my divorce case be expedited so that I can get the legal freedom to marry another woman, who will give me peace.”