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Drama in court as lady tables deceased man’s clothes as evidence

Wednesday, May 22nd, 2024 04:42 | By
Justice Reuben Nyakundi . PHOTO/Print
Justice Reuben Nyakundi . PHOTO/Print

There was drama in Eldoret High Court when a woman entangled in a legal succession of her late husband’s multi-million shillings estate displayed  his clothes in court to prove their cohabitation.

Justice Reuben Nyakundi watched in disbelief as Novena Lagat tabled some of the clothes she claimed belonged to her late husband Elijah Murkomen Kitum who was a senior Kenya Forest Service officer in Western region.

Jepkemboi, who is represented by advocate Richard Wafula, also tabbled  a diary, school fees receipts and Kitum’s other personal documents to prove that they were living as wife and husband.

The Postal Corporation of Kenya employee said she cohabited with the deceased as wife and husband in various workplaces including Timboroa area of Uasin Gishu and Bungoma County where she currently lives.

“I was married to Kitum and we cohabited together from 1998. I only learned after his death that he had a first wife and that I was his second. These are some of his clothes he kept in my house,” she told Justice Nyakundi.

Jepkemoi further told the court that from the union, they were blessed with three children.

 She has asked the court that she and her children be included in the sharing of the estate and acknowledged as beneficiaries of the deceased

Jekemoi accused Georgina Mbithe Kitum, the first wife of sidelining her and her children from the estate of the deceased and raising doubts about her children’s paternity.

She told the court that she was open to having DNA tests conducted as long as all the children of the deceased including Mbithe’s children undergo the same.

“I am ready and willing to allow my children to undergo DNA tests if required to prove that they are the biological children of the deceased,” she said.

The witness claimed that despite successful mediation at the deceased’s home which included all family members and all wives including a third wife Lily Kanji, the first wife had opted to file a succession case in court, dismissing the initial agreements.

She said that the mediation had settled all issues including how the estate would be distributed equally among all the wives and their children. Jepkemboi also told the court that her late husband provided fully for her children’s upkeep and all family needs including food, clothing, school fees and rent.

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