Kibor wife's lawyer claims court is biased against client

Uasin Gishu politician and farmer Jackson Kibor (left), who went to court seeking to divorce his second wife Josephine Jepkoech Kibor (background), at an Eldoret Law Courts on February 7, 2017. A ruling on an application by Jepkoech’s lawyer to have the case moved to another court will be heard on March 1. PHOTO | JARED NYATAYA | NATION MEDIA GROUP

What you need to know:

  • Lawyer Amos Magut claimed that Principal Magistrate Charles Obulutsa made some comments which made the defense uncomfortable.
  • Amos Magut cited an incident last December when his client declined to testify in court against her husband on the divorce case on the ground that she was not feeling well.
  • Mr Kibor’s lawyer, Waziri Omollo said his client has been coming to the court only for lawyer of his estranged wife to apply for adjournment in a scheme aimed at delaying the hearing and determination of the case.

The divorce case involving prominent Rift Valley politician cum farmer Jackson Kibor took a new twist on Tuesday after his wife’s lawyer demanded that the case be moved to another court.

Amos Magut, representing Josephine Jepkoech Kibor, alleged that the court was biased against his client.

Magut claimed that Principal Magistrate Charles Obulutsa made some comments which made the defense uncomfortable.

“This court has in the past made some statements which appeared in the print media which shows that he is biased against my client and I would not wish the same court to continue hearing the matter,” argued Magut.

The lawyer cited an incident last December when his client declined to testify in court against her husband on the divorce case on the grounds that she was not feeling well.

When the case came up for hearing, Josephine shocked the court when she declined to testify and instead wailed loudly, claiming that she was unwell and was unable to proceed with the case.

DELAY HEARING

But in a quick rejoinder Kibor’s lawyer, Waziri Omollo criticised Magut for trying to delay the hearing of the case on flimsy grounds in an attempt to defeat justice.

He said that his client has been coming to the court only for lawyer of his estranged wife to apply for adjournment in a scheme aimed at delaying the hearing and determination of the matter before the court.

“Your honour, my client has been suffering injustices by numerous applications for adjournment by respondent’s lawyer when the case comes up for hearing in this court,” said Omollo.

Kibor has moved to court seeking to terminate the marriage with his wife for alleged cruelty and desertion.

The court documents indicates that Kibor resided on his 800 acres Kipkabus farm in Ainabkoi constituency of Uasin Gishu County with his wife and blessed with eight children.

The documents further states that since the celebration of their marriage, the petitioner lived with the wife until November 2003 when the left the matrimonial home as a result of cruelty and inhospitality by the respondent.

Kibor, who admitted having four wives, stated that Jepkoech, his second wife, never allowed him to return to their matrimonial home and has been arrogant, disrespectful and hostile to him.

The magistrate will make a ruling on matter raised by Kibor's estranged wife's lawyer on March 1, 2016.