A Nakuru widow is fighting to block her husband’s first wife from inheriting his wealth.
Ms Elizabeth Mutinda, the widow to Lieutenant Colonel Robert Ngundo, wants the court to lock out Ms Zipporah Moraa from the control of her late husband’s estate.
Lt Col Ngundo, who was a soldier at the Gilgil Garrison, died in Entebbe, Uganda, on December 22, 2013, while on his way back to Kenya from a mission in Sudan.
Appearing before Justice Teresia Matheka, Ms Mutinda told court that she is the only surviving wife to Lt Col Ngundo, who married her in 1999 after separating from Ms Moraa in 1997.
The court heard that Ms Moraa never contributed anything to Lt Col Ngundo’s wealth, which Ms Mutinda said was acquired during their period in marriage.
“She never contributed in any way in the acquisition of the property. She disappeared for 15 years only to reappear after my husband’s death claiming to be a widow,” said Ms Mutinda.
The widow claimed that she took in Ms Moraa’s three children, raised them as her own and lived together as a happy family. In her petition for letters of administration, Ms Mutinda has listed the children as beneficiaries to the estate of the deceased.
To support her claims, she told court that the KDF recognised her as the wife and even indicated the same in the obituary.
“Three of my husband’s colleagues came to my home to report of my husband’s death as they recognised me as his spouse. All the messages of condolences were sent to me,” said Ms Mutinda.
A eulogy that she adduced in court indicated that Lt Col Ngundo first married Moraa in 1992 before they separated in 1997. He then married Ms Mutinda whom he lived with until his demise in 2013. The court heard that Ms Moraaa neither took part in the funeral arrangements nor attended the burial.
Lt Col Ngundo’s elder brother, Mr Alphonce Nyiwa Mbui, said his family knew Mutinda as his brother’s only wife. He said that, during his first marriage, Ms Moraa had proved to be a bother to his late brother as she kept leaving her matrimonial home.
He further told court that Ms Moraa was never married formally though she stayed with Lt Col Ngundo and even sired three children with him.
“My brother married Ms Mutinda in 1999 in a Kamba customary ceremony and they lived together as husband and wife. It was Ms Mutinda who took care of the three children who were abandoned by Ms Moraa,” said Mr Nyiwa.
He noted that Ms Moraa had constant fights with his brother before separation before she later filed a case for the custody of the children.
Ms Moraa has however refuted the claims and insists that she is Mr Ngundo’s widow. She told court that she only learnt of the existence of a co-wife in a newspaper obituary.
She accused Ms Mutinda of trying to disinherit her by excluding her from her husband’s burial arrangements and listing her children as hers. She told court that she was married to Lt Col Ngundo in 1992 through a civil wedding and they never divorced.
Ms Moraa now wants the court to declare her a legal widow with the right to benefit from her deceased husband’s wealth.
Mr Ngundo’s owned a number of properties which ran into millions of shillings including estates in Gilgil town, two others in Kathonzweni, Machakos County, several vehicles, shops and rental houses in Lanet, Nakuru County.
He also had money held in several financial institutions, including Cooperative Bank.
