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Advocate, Ex-wife Magistrate Spat Widens, Death Threat Messages Sent to Father in Law

Dennis Avokoywa



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Photo: Court

The tiff pitting a Kakamega based High Court advocate and an ex-wife Magistrate based in Eldoret has taken a twist after the former failed to appear in court to answer to murder charges.

According to investigating officers who talked to the Status update on condition of anonymity, Mr Edwin Wafula Wawire was set to appear before Resident Magistrate Gladys Olimo in Butere for plea taking last week.

He was accused of sending death threats and insulting messages to his ex-father in law Douglas Milimu on the diverse dates of the year 2019.The suspect runs a law firm in Kakamega town.

While the death threats were reportedly sent to his ex-wife but sought not to escalate the matter by reporting to authorities, his dad however reported the matter to the police who investigated the matter.

Court documents that is in our possession of revealed the suspect on September 23, 2019 at unknown location sent, “I will burn you, your stupid Maragoli wife and anything that will be in that home soon,” read a section of the charge sheet.

He was charged with three other different counts of murder. Alternatively Mr Wawire was set to answer to two various counts of harassment of his ex-father in-law.

The suspect who had earlier been arrested but released on a cash bail failed to show up last Thursday prompting the court to issue a warrant of arrest against him.

“The police should therefore apprehend the suspect and bring him before this court to answer to the charges,” read Olimo’s ruling in part.

The investigating officer said that the plea taking for the suspect was to begin two years ago but registering the matter was being frustrated by those close to the accused who were the prosecuting the matter.

“Plea taking has been frustrated for long, a lot of interference has been done, prosecuting the matter was difficult since the suspect influence in Kakamega law court is immense,” said the investigating officer.

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This forced the court to transfer the matter to Butere law courts after the court was assured that there would be no interference.

But the office of Western region Director of Public Prosecution (ODPP) told Status update that the suspect had written a letter to them requesting for an out of court settlement of the matter.

The report to the ODPP also revealed that the accused is reaching out to the family to have the issue solved without involving the judiciary.

In a response later dated last week Friday, the ODDP Mr Patrick Gumo recalled the charges directing investigating officers to provide an environment for a truce between the conflicting parties.

“This is a family matter and its only wise for the conflicting parties exhaust peaceful means of resolving their disputes, this is why I asked the officers involved to wait a little longer before prosecuting it, this was preceded by a letter we received from the suspect,” said ODPP Gumo.

However, the complainant Douglas Milimu denied any sort of agreement between his family and the suspect’s on solving their disputes out of court.

“As far as my family is concerned there are no such arrangements, have never talked to him (suspect) for more than seven years, all he does is send a barrage of insults, we want him accused held liable, I don’t know why I was roped in their differences with my daughter, when he came to seek her hand in marriage I was his cheerleader but he returned that favour with threats and insults,” said Milimu.

He maintains that he will go all long to have the matter solved in court.

Apart from the charges the suspect is facing, the issue is also an unending divorce process between Diana Milimu,a magistrate based in Eldoret and the suspect.

Few years ago, the magistrate who claims to have 10 year old daughter with Mr Wawire took the suspect to court for allegedly selling what she termed ‘’our matrimonial home in Jamindas without my consent.”

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Ms Milimu said her ‘husband’ had acted unlawfully by entering into a sale agreement and eventually selling the land without involving her asking the court to cancel the title deed.

Ms Milimu later withdrew the case she had filed surrounding the controversy of the purchase and sale of the land.

This was after Mr Wawire denied to have ever been married to the applicant but instead described the applicant as a gold digger who was seeking to reap where she didn’t see.

“I deny ever being married to the applicant as she was a jaywalker and certified gold digger who happened to use her charms to bait me,” Wawire said in his replying affidavit to Milimu.

Wawire says he invited Milimu to keep him company in his house and denies she contributed towards the acquisition of the property.

“I admit that at a certain part of 2012, I befriended the applicant but our relationship was neither exclusive nor intended to be permanent in nature,” the lawyer said.

He says she was a second-year student at Moi University and he greatly helped her financially like any other well-wisher.

“She voluntarily opted to move out of my property in July 2015, when I confronted her about her habit of bringing different men to my house and she has never come back.

“I came to learn that the applicant had been slowly administering toxic and poisonous substances in my meals and drinks with a view of killing me slowly and without raising suspicion,” he says in his affidavit.

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