By John Mutiso
Nakuru High Court Judge Teresia Matheka allowed a woman to submit photos to prove she was legally entitled to part of a Ksh 200 million inheritance case.
In a landmark ruling, Norah Atieno submitted 28 pictures to the court that she had taken with her former lover, the late Eliakim Washington Olweny, who was the director of Evans Sunrise Hospital as proof of a past relationship.
Olweny’s first wife, Phelisia Akoth, who was also in possession of the photos, had opposed the presentation of the photos on the basis that they had no certification contrary to the Evidence Act.
In her response, Atieno said that some of the photos were taken in the 1990’s and had no certification since they were not taken electronically.
The court ruled that certification is usually applied in criminal proceedings especially if video and photographs are produced as evidence.
The photographs showed when the former director Olweny and Atieno spent time together in the 1990s, along with their children.
The decision came after the deceased’s son, Allan Onyango, had taken to court to exclude the other two wives from the inheritance, accusing them of never having been married to his father.
Atieno, who wants to be recognized as Olweny’s second wife in a bid to get a share of his Sh 200million estate, said she only found out the ex-lover’s secretary Anne Wanjiru was his third wife on the day of the funeral.
According to the eulogy, Atieno had been listed as Olweny’s second wife, Olweny’s ex-secretary Anne Wanjiru was his third wife, and Akoth as the first. Atieno claims she entered into a customary law marriage with Olweny on February 3, 1993, and they gave birth to two children.
The famous Nakuru businessman died in November 2016 from cancer and his wives have been arguing since his disappearance.
