The Court has declared that no valid marriage ever existed between nominated Senator Hezena Lemaletian and Lenyumpa who had begun a courtship process under Samburu customary law but never completed the requirements for a legally recognized union.
In a judgment delivered on Thursday, Senior Principal Magistrate Jane Ocharo ruled that there was no valid marriage between the two under the Marriage Act, 2014, or any other recognized system of law.
Hezena had moved the court through a petition dated May 15, 2025, seeking a declaration that she was not legally married to the Lenyumpa. She also sought orders restraining Lenyumpa from presenting himself as her husband or using her name as his spouse. According to her testimony, Hezena and Lenyumpa had initially intended to marry under Samburu customary law, and the respondent had approached elders to begin the traditional courtship process.
However, while she was outside the country, she decided against the proposed marriage and informed the elders of her decision, requesting them to revoke their earlier approval of the union. The petitioner told the court that although the respondent had paid KSh100,000, known in Samburu custom as ‘ropyani e loip,’ the amount did not amount to dowry. She said the money was later refunded in full after the proposed marriage failed to materialize. She further explained that under Samburu customary law, dowry ordinarily consists of eight cows and that no dowry negotiations or payment were ever concluded.
The court heard that no formal engagement ceremony was conducted, no customary marriage ceremony took place, no marriage was registered with the Registrar of Marriages, and no marriage certificate was ever issued.
The petitioner also accused the respondent of becoming physically and verbally abusive after she rejected the marriage proposal. She alleged that he threatened and harassed her and continued to pose a threat to her safety. She further claimed that Lenyumpa had falsely represented to third parties that they were legally married, causing her emotional distress, reputational damage, and social discomfort.
According to the petition, the respondent allegedly enlisted bloggers and social media influencers to spread false claims that they were husband and wife, a move that Hezena said had harmed her public image, particularly because of her political career.
In determining the matter, Magistrate Ocharo examined Section 11 of the Marriage Act, 2014, which outlines circumstances under which a union is void, including where consent is not freely given. The court found that the Hezena had unequivocally declined to marry the respondent and had withdrawn any earlier consent through the elders before any marriage could be celebrated. The magistrate further held that the absence of a marriage ceremony, failure to complete customary dowry requirements, lack of registration, and absence of a marriage certificate meant no valid marriage had ever come into existence.
“I have considered the provisions of Section 11 of the Marriage Act in light of the evidence on record, and it is apparent that the union between the Petitioner and the Respondent falls squarely within the ambit of a void union,” the magistrate stated.
The court concluded that the purported union was void and invalid from the beginning. Consequently, the court issued a declaration that no valid marriage existed between the parties under statute, customary law, or any other form of law.
The magistrate also granted a permanent injunction restraining Lenyumpa, his agents, servants, or anyone acting on his behalf from representing to any third party that the petitioner is his wife or from using her name as his spouse.
