Bukusu elders sue son in law for marrying niece, demand 30 Cows
Some of the Bukusu Varende clan Members in a Kitale Court /Photo Saka Richard
By Saka Richard
A Kitale court was left in shock after a mother in law through her clan filed a suit to stop her son in law and who is also the brother in law from burying her late wife because the late was his niece.
Jane Nangila the mother in law to Andrew Barasa filed the case citing that he (Barasa) was married to her late sister Rose Nangekhe Marion Masibo who happens to be her blood sister and were blessed with three children whereas he also married Judith Nafula now deceased who also happens to call Nagekhe auntie.
Barasa, a retired high school teacher is said to have asked the family of Judith to let him secure work for her in early 90s where it is thought their love blossomed resulting in an extra two children.
“He came to our home when we were burying Judith’s father and requested for the family to let the young lady stay with them so she can secure some employment for her” said John Barasa Konya, a brother to the deceased.
Barasa got her a lab technician job at St Joseph’s girls high school where she worked until her death on 17th October 2022 after her son Brian Wafula slit her throat in what is being viewed as a bad omen.
“We asked them to abort the marriage in vain and even sent elders in 2009 in no avail thus asking the wrath of the gods as our Bukusu culture does not permit such a union.” Added a relative who declined to be named.
Customary lawyer Sospeter Nyongesa said that he intends for the marriage which was officially documented on 29th July 2014 at St peter’s catholic church in Kipsaina be nullified and the plaintiff made to pay over 30 cows plus other damages to family of the deceased through the Varende clan and also be denied the opportunity to attend or bury the deceased as a way of appeasing the gods.
“I want the court to award my client the above as a way of deterring any other person with such motive as it contravenes our traditions through the customary marriage acts.”
On his part, Barasa says that he followed the due process in marrying the deceased including paying four cows and fifty thousand shillings as per tradition with a remainder of two cows were to be paid later this year, and notes the dowry was gladly accepted by his in-laws.
“Am wondering what happened and gladly accepted my dowry and blessed our union noting we were coming from different clans and even my two children from my union with Judith used to visit their home and were gladly welcomed.” said Barasa in his submissions to court.
He further noted that why he was being fined the thirty cows and he had already paid dowry asking the court to allow him to bury her late wife as her death is surrounded by mystery and wants to get over it.
“We want to put an end to this case and let the deceased rest as she was murdered brutally and her body lying at Mt Elgon morgue was accruing mortuary fees as we battle over this issue.”
Bukusu elders led by Peter Masinde have castigated the move by the accused adding that he needs to pay double the fine as he committed the mistake knowingly.
“He knew Judith was his niece and went ahead and married her thus making the mistake even worse, he needs to be cleansed and pay the fine as fast as possible to avert more calamities as this is a warning shot from the gods.” Added elder Masinde.
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