MOMBASA HIGH COURT JUDGE LIFTS MARRIAGE OBJECTION

The High Court sitting in Mombasa yesterday quashed an objection lodged at the Mombasa District Marriage Registry forbidding a young suitor from wedding his childhood sweet-heart.

The father of the bride groom, Voi City businessman and ex-Councilor Nerius Mwakireti Mwanose, had objected to his 26 year-old son’s wedding to 36 year-old Mercy Mkawughanga Kanda on grounds of the couple’s age difference. Jefferson Mwarigha Mwakireti, a graduate from Nairobi’s Railway Training Institute, subsequently sued his father in the High Court at Mombasa seeking orders to quash the objection. Both the bride and bridegroom hail from Wundanyi District, in Taita Taveta County.

Appearing before Voi High Court visiting Judge Maureen Odero on Tuesday May 6, both the father and son were ordered to appear before the High Court in Mombasa yesterday morning for inter parties hearing and cross-examination viva voce.

In a dramatic turn of events, however, the bride groom’s father, speaking through his Counsel, expressed his unwillingness to take the witness stand openly against his son and pleaded with the Court, instead, to make its decision based solely on the available material consisting of sworn depositions.

In her subsequent Ruling, the Judge decided that the bridegroom “does not require parental consent to marry. There is no allegation that the applicant is married to any other woman. He does not lack capacity to marry. The objections of his father though well-intended cannot bar the applicant from charting his own course in life. I have found no legal basis for this caveat. I direct that the same be removed and the applicant is authorized to proceed with his plans to marry…”

Chief Justice Willy Mutunga recently gazetted Voi City as a High Court Sub Registry, necessitating a visit by a High Court Judge one week in every month. Although the Registry was scheduled to be launched officially this week, the plans were deferred to a later date by the Voi Court Users Committee charged with organizing the ceremony, pending further engagements with the local stake-holders, including the County Government led by Governor John Mtuta Mruttu.

Voi City, Saturday May 10, 2014

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