Court dismisses claim by US-Based Kenyan alleging to be Simeon Nyachae’s widow
A side by side image of Simeon Nyachae and Margaret Chweya. PHOTO | COURTESY
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The High Court has dismissed a claim by a United States-based Kenyan woman who alleged that she was the widow of former Cabinet Minister and powerful civil servant Simeon Nyachae, delivering a major win to Nyachae’s family.
Justice Eric Ogola found that Margaret Chweya had failed to
prove that she was lawfully married to the late Simeon Nyachae.
The judge further ruled that her two sons could not be
recognised as dependants of the deceased, noting that their biological fathers
are alive.
'Pictures on their own cannot prove marriage,” Justice Ogola
ruled, stressing that marriage must be demonstrated through clear evidence
recognised in law, including proof of customary rites, a civil ceremony, or
consistent cohabitation coupled with public repute.
The dispute arose from succession proceedings in which
Margaret Chweya moved to court claiming spousal and dependency rights over
Nyachae’s estate.
She argued that she had been married to the former minister
and supported her claim by presenting photographs allegedly showing her with
Nyachae during his lifetime.
However, the court rejected the claim, holding that
photographs alone were insufficient to establish the existence of a valid
marriage under Kenyan law.


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