Lawyer, magistrate in property dispute amid divorce case

Kakamega-based lawyer Edwin Wawire Wafula is headed to the High Court to challenge a ruling in a property suit involving Eldoret Resident Magistrate Diana Wikunza Milimu.

This case follows one that Ms Milimu filed in Kapsabet last year, seeking a divorce from Mr Wafula.

She accused him of psychological torture and denying her conjugal rights, adding, their differences were irreconcilable.

In the property suit, Ms Milimu asked a Kakamega court to stop Mr Wafula from selling a dwelling house and a matrimonial home without her consent.

She later filed a notice to withdraw the suit but Chief Magistrate Bildad Ochieng dismissed the application with costs totalling Sh42,950.

“I have carefully considered each of the items charged in the bill alongside the plaintiff’s submission on the same and having made considerations and adjustments as shown on the face of the bill of costs, I do hereby tax the bill at a total of Sh 42,950," Mr Ochieng ruled and gave the lawyer 30 days to appeal.

Mr Wafula then filed a bill of costs of Sh1,127,900, saying the magistrate should have considered the value of the subject matter, which he claimed was more than Sh20 million.

“Our submissions were not considered and had been removed from the file despite bearing the court file stamp,” he said.

Mr Wafula will file his suit on Monday.