Kibor wins divorce case to dissolve his 52 year old marriage

Prominent farmer and businessman Jackson Kibor (Centre) shares a hearty laugh with his lawyers Mark Waziri (Left) and Richard Wainaina at the Eldoret Chief Magistrates' Court after he won a divorce petition against his estranged wife of 52 years Josephine Jepkoech on the grounds of cruelty, desertion an denial of conjugal rights. 06-10-2017. PHOTO BY: KEVIN TUNOI

Prominent Uasin Gishu farmer Jackson Kibor has been granted his wish to divorce his wife of 52 years. The Chief Magistrate’s court in Eldoret allowed Kibor, 83, to part ways with Josephine Jepkoech, 68, bringing to an end a three-year old legal tussle that centred on family property, cruelty and desertion.

Kibor, had filed the case in 2014, claiming his wife had abandoned him and denied him conjugal rights.

Kibor accused Jepkoech — with whom they have eight children — of selling family property including land and livestock without his consent, travelling abroad without notifying him and squandering their daughter’s dowry.

‘Blissful marriage’

But the woman maintained that she still loved Kibor and denied all these allegations.

The Civil Marriage between the two was approved under the Colony and Protectorate Law in a union registered February 27, 1965, though Kibor, a polygamist, went on to marry a third wife Naomi Kibor in 1976 and Eunita Kibor in 2002.

In his judgement yesterday, Chief magistrate Charles Obulutsa said the woman had failed to rebutt the evidence adduced in court.

He also faulted her for unbecoming behaviour in court, including taking the court in circles during the proceedings.

“On one occasion the wife screamed in the dock saying that her husband was disturbing her only to later defend herself that she was unwell. If she would do that in court where decorum is paramount she can do much more of the same away from the public which proves the assertion that she is harsh is real,” read Obulutsa.

Kibor’s wife had objected to the divorce and told the court that only death would separate them.

She also said they had never quarrelled over marital issues.

To back her claims, she produced photographs showing her together with Kibor during the 2015 Christmas celebrations in court to prove their marriage was blissful.

Things fall apart

“I have never left my matrimonial home or committed a marriage offence and our marriage is blissful even after my husband moved to Kabenes after marrying a third wife and later a fourth wife. I do not have authority to bar him from coming to our home but the discretion on where he sleeps lies with him according to Kalenjin customs hence I cannot be accused of denying him conjugal rights,” said Jepkoech.

Mr Obulutsa granted the dissolution on grounds of cruelty which he defined as wilful cause of physical or psychological hurt to another person.

He considered the petitioner’s concerns of lack of affection by his wife whom he said was unruly and ‘irresponsible.’

The admission by Jepkoech that she had placed a caveat on the family land influenced the court to determine that she was disrespectful.

The court observed that the two parties had never tried reconciliation out of court due to their unwillingness to resolve their differences amicably.

“When couples make vows they believe they will be able to sustain the bond through good times and bad times but it never always happen, making marriage become like a contract that can be terminated. A popular writer stated there comes a time where the centre cannot hold and things fall apart,” said Obulutsa.

The judgement brings to an end another chapter in the controversial businessman’s family life. The couple got married in February 27, 1965.

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