Former judge of the East African Court of Justice Charles Nyachae has told court that he met Margaret Chweya who claims to have been one of the wives of former minister Simeon Nyachae at his funeral.
Nyachae told Justice Eric Ogola that his father was polygamous and proud of his family, therefore, he had no reason to hide family members.
“I first met the applicant at my fathers funeral 2021. I had never met her before that,” he testified.
Margaret Chweya is contesting the exclusion of herself and her three children from the list of beneficiaries of Nyachae’s multi-billion estate.
Chweya claims to have been married to the late Minister in a customary wedding in 1973 and bore three children; John Paul Chweya, Rodney David Chweya and Patricia Chweya.
She moved to the United States in 1984 as a secretary at the Kenyan Consulate in Los Angeles.
While giving his testimony, Nyachae told the court that a mass was conducted at Gusii stadium before they proceeded to burry his father at the village.
“At the burial site, only family members and close friends were allowed in since the compound was small,” Nyachae told the court.
He added wrist bands were issued to those who were allowed at the burial site.
According to the judge, he first saw Chweya at the burial site next to his mother who appeared agitated.
Nyachae said that he walked over and asked Chweya if there was a problem but she responded by saying that she just comforting his mother.
During cross-examination by Chweya’s lawyers Danstan Omari and Martina Swiga, Nyachae could not explain how Chweya accessed the restricted burial site if she was a stranger to the family.
“Only the family members with a particular colour of a band would enter the graveside. Hence Margaret must have been a family member to be allowed by the graveside,” Omari stated.
Further, Omari asked the witness if he ever attended his father’s wedding ceremonies and he said no. Reason being that under Gusii traditions, children are not allowed at such ceremonies.
“Then how do you know your father never married the applicant,” Omari questioned.
Another witness, Michael Opondo, Chweya’s ex husband told the court that he was married to Chweya from 1979 to 1987 and had one child, John Paul Chweya.
Opondo, a former state officer testified that he knew John Paul was his son is surprised by allegations that he is Nyachae’s son.
However, the witness shocked the court after stating that he was not aware who used to pay school fees for Joh Paul.
“You are saying you do not know who was paying school fees for your child?” Justice Ogola questioned.
In response, Opondo said that he thought Chweya was the one paying the school fees.
