The estranged wife of former assistant minister Kyalo Kaindi has accused him of bigamy and wants him to publicly disown marriage to Judith Ndunge who died this month.
In a letter to Kaindi, Agnes Mueni Kyalo claims they married on May 9, 1987, at St Peter Claver's Catholic Church in Nairobi. They had three daughters.
At the time of their marriage, Kaindi was a physical planner in the Ministry of Lands and Agnes was a farm management officer at the Ministry of Agriculture in Embu.
According to the letter dated April 20, Kaindi was on June 8, 1992, dismissed from employment by the PS in the Lands ministry for gross misconduct.
Agnes said she supported Kaindi for five years until he became MP for Kathiani from 1997 to 2007.
“He deserted me from 1999 and during the time of our marriage up to date, we jointly acquired a lot of properties,” she said in court documents.
Agnes, through Alphonce Mutinda and Company Advocates, said she has now learnt Kaindi is claiming to have married Judith Ndunge Ngunia who died on April 16 this month. She was receiving cancer treatment at the Aga Khan Hospital.
Kaindi, according to Agnes, intends to bury Ndunge in one of the properties they jointly acquired.
“I have also learnt he intends to visit Ndunge's parents and perform 'ntheo' so that he can have the right to bury the body. But according to Kaindi, both of Ndunge's parents are dead.
Agnes also claims Ndunge married Geoffrey Bitok and they have a son together.
Kaindi told the Star, however that Bitok was not married to Ndunge. Kaindi has been living with the late Ndunge for the last 15 years.
He said the son Ndunge sired with Bitok is now aged 23 and he is living with him. He has been taking care of him and not Bitok.
Agnes, on the other hand, said she will be suing Kaindi for bigamy. She says the purported marriage to Ndunge was and still remains unlawful.
“Let him stop his intentions of burying the deceased in any of the properties either owned by him or owned jointly with her unless he confirms in writing and also cancels his alleged visit to the parents of the deceased on April 21,” Agnes said.
In response to the letter, Kaindi said he had a "blissful" relationship with Ndunge, living together as husband and wife and having two children. During their marriage, he said, the two acquired properties together.
Kaindi said Ndunge will be buried in one of the properties she acquired together with him in Mavoko.
He said claims by Agnes are not true.
“Agnes does not have any legal right, real or imagined, over the said property,” Kaindi said.
According to the letter, the marriage between Agnes and Kaindi was constructively dissolved and the two have lived separate lives for more than 22 years.
“The two are deemed in law to have ended their marriage pursuant to the doctrine of presumption of divorce. Any claim that the marriage still subsists is untenable,” the letter reads.
Kaindi told the Star he parted ways with Agnes more than 20 years ago and the death of Ndunge has been devastating.
“It has been a difficult time. Cancer is bad. The last three weeks have been a nightmare for us at the Aga Khan Hospital,” he said.
(Edited by V. Graham)