24th September 2023.
KAKAMEGA, Kenya – In an emotional courtroom drama that unfolded in Kakamega, a town in western Kenya, Anne Nekoya Nalianya sought to end her marriage to Nicodemus Vilemba Namusei, a preacher, on the grounds of prolonged sexual denial. This heartfelt plea for divorce shed light on the couple’s tumultuous relationship, marked by allegations of cruelty and infidelity.
Anne Nalianya recounted to the court the deeply painful experience of being denied conjugal rights by her husband since 2019. As she stood before the Magistrate, her voice trembling with emotion, she expressed her despair, claiming that her spouse had shown no interest in intimacy for the past four years.
However, the dissolution of the marriage was not solely attributed to the lack of intimacy. Anne went on to accuse Nicodemus of cruelty, incessant quarrels, emotional abuse, and even threats of suicide. She also alleged that he had engaged in extramarital affairs while withholding intimacy from her.
In a compassionate response, Principal Magistrate Angeline Odao presided over the proceedings and observed that reconciliation between the couple appeared impossible, given their mutual disinterest in pursuing it. She noted that both parties had experienced significant physical and emotional stress due to their ongoing disputes.
“The marriage between petitioner (Nicodemus) and respondent (Anne) stands dissolved as each party bears its own cost,” ruled Magistrate Odao, ultimately granting Anne Nalianya’s plea for divorce.
During the proceedings, Anne testified that the couple had not shared a home since 2019, while Nicodemus insisted that their separation occurred in 2016. The long period of denial of conjugal rights weighed heavily in the court’s decision.
The couple, who exchanged vows in 1996 at the Musasa International Pentecostal Assemblies church, regretted the path their relationship had taken. Anne candidly revealed that the last time she had an intimate encounter with her husband was on January 6, 2019.
