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Cheating wife ordered to pay back dowry and college fees

By DAVE OPIYO March 27th, 2015 2 min read

The High Court has dissolved the marriage of an adulterous woman and ordered her to pay her former husband Sh205,000 in a landmark ruling.

Judge Crispin Nangila said the marriage between Ms Everlyne Kerubo and Mr James Mayaka Mong’are “had broken down”.

“The likelihood of a reunion between the two is remote,” he said.

The judge further ordered Ms Kerubo to refund half of the school fees and half of the bride price paid by Mr Mayaka.

“The first respondent (Mrs Kerubo) shall refund the petitioner (Mr Mayaka), with interest,” the judge ruled.


Mr Mayaka had moved to court, seeking orders to have their union dissolved after his wife deserted their matrimonial home in 2009.

He claims she went to Daraja Mbili to live with another man.

The couple married at the Nyamira district commissioners’ office on September 7, 2004. They have two children.

According to court records, Mr Mayaka paid school fees for Ms Kerubo to pursue studies at the Narok Teachers Training College.

The total amount he paid for her school fees and upkeep is Sh209,000. He wanted this amount refunded.

Mr Mayaka, a high school teacher, claimed that his estranged wife committed adultery, has been cruel to him and the children, and subjected them to mental torture.

He further claimed that Ms Kerubo had on several occasions taken away property he had bought for the family.


Ms Kerubo, however, denied all the allegations. She argued that their parents had not consented to their marriage.

“The first respondent blamed the petitioner for the break-up of their marriage and referred to him as ‘conspicuously adulterous”,” said the judge.

Ms Kerubo denied claims that she was adulterous, cruel and subjected her former husband to mental torture. She asked the court to dismiss the case with costs.

Mr Mayaka told the court that the two were indeed married, first in 2000 under customary law, and later at the Nyamira DC’s office, after which they obtained a marriage certificate dated September 7, 2004.

He said in 2002 he took Ms Kerubo to Narok Teachers Training College, where she trained as a P1 teacher. She graduated in 2004.


He told the court that Ms Kerubo left home in 2009. Three years later, he added, she returned and took away the children. He has never seen them since that time.

For bride price, Mr Mayaka said he paid Sh60,000 in lieu of three head of cattle valued at Sh20,000 each, and had also given Ms Kerubo’s parents Sh60,000.

The judge agreed to dissolve the marriage.

“I am satisfied that the respondent deserted her matrimonial home without reasonable cause … I am convinced that the marriage has broken down irretrievably,” Mr Justice Nangila ruled.

He went on: “I see no reason why the court should not grant the order sought as it is obvious to the court that the couple have lost love for each other.”

The judge said since Mr Mayaka had proof that he provided the money for school fees and upkeep, he ordered Ms Kerubo to pay half the amount.

Ms Kerubo said she would appeal against the ruling.