JUDGMENT
This is a second appeal arising from the judgment of the High Court of Kenya at Nairobi, Family Division (M. W. Muigai, J.) dated 6th August, 2018 in HCCA No. 7 of 2016.
The background to the appeal is that the deceased Timothy Mwandi Muumbo married Phiatah Kithumbi Muumbo as his first wife on or about 1957 under Akamba Customary Law. They had the following 10 children between them namely; Mwinzi Mwandi Muumbo, Johnstone Kassim Muumbo, Francis Munyoki (deceased), Alex Munyanya Muumbo, Charles Muimi, Caroline Kalunde Muumbo, Grace Kakali, Jackline Muthenya, Susan Kamene and Jane Mwende (deceased). The deceased, his first wife and their children resided in Nzatani Village, Mwingi South District.
The deceased and his first wife separated when she discovered that the deceased had in 1971 and without her knowledge and or consent married Josephine Kiloko as his second wife and variously lived with her in Narok, Kakamega and lastly, Kileleshwa, Nairobi, and had 5 children between them …