As aspirant for the Kabuchai parliamentary seat is embroiled in a succession battle involving a Sh20 million property belonging to his son, who died in a 2018 plane crash that killed 10 people in the Aberdares.
Mr Eric Wafula, a former Nakuru deputy county commissioner, and his wife Rhoda Wafula claim that their son was not married to one Cynthia Nasambu Wafula and have disowned her in the inheritance dispute. They have demanded full control of their son’s property.
But Ms Nasambu insists she was legally married to the late Robinson Wafula, who was a renowned contractor, and they were blessed with a son.
Through her lawyer, Mr Jefferson Musebe, she provided a marriage affidavit that was signed in court in 2016.
Mr Robinson was on his way from Kitale to Nairobi, where he lived with his family, when a Cessna C208, registration number 5Y-CAC, crashed on June 5, 2018.
The Kenya Civil Aviation Authority had said that the plane left Kitale at around 4pm and was destined for Wilson Airport in Nairobi but was redirected to Jomo Kenyatta International Airport due to bad weather. The plane's contact was lost at 5.20pm.
No Bukusu customary marriage
On Monday, Mr Wafula told a Bungoma court that his son had not done nor completed the Bukusu customary marriage that would make Ms Nasambu his daughter-in-law.
"Your honour, I only saw (Ms Nasambu) once when my late son came with her to visit our home. I thought she was only his girlfriend,” he said.
He has, however, filed another application in court seeking to have Ms Nasambu surrender her eight-year-old son to his paternal family.
Families visited each other
For her part, Ms Nasambu said she was married to Mr Robinson under customary laws and the two families had even visited each other.
Mr Wafula resigned from his job as an administrator three months ago and is vying for the Kabuchai parliamentary seat in the August General Election.
He said that Ms Nasambu had not been seen at their home since his son died, and claimed she had abandoned it and is married to someone else.
But he could not provide proof of his allegations to the court.
Principal Magistrate Stephen Mogute set a hearing for July 4.