Lamu politician Rishad Amana has told an Islamic court that his estranged wife Lily Suleiman tricked him into marrying her while she was still married to a German.
While appearing yesterday at the Kadhi court in Mombasa, Mr Amana asked the judge to find Lily guilty of bigamy, and to declare the marriage null and void under Islamic law.
He has also accused her of physically abusing him, wearing indecent clothes and ignoring obligatory Muslim prayers.
Lily on the other hand, has petitioned the court to rule that the marriage was legal and that she and Amana lived together as husband and wife.
She, however, claims the marriage has irretrievably broken down and it should be nullified. She blames Amana for the breakdown.
According to court documents seen by The Standard, the two married under Sharia law on March 3, 2015. In Kenya, the Kadhi court arbitrates on matters regarding Muslim personal law. That is where both parties profess Islam.
Although Amana admits to having lived with Lily, he has asked the court to declare the union not valid under Islamic law. He insists that Lily tricked him into the marriage while still legally married to a German man – a Mr Burk – under German Civil law.
Amana claims Lily tried to hide her marriage to Burk when they solemnised their own union in 2015. He insists that the fact she was still married to someone else, any subsequent marriage was illegal and a fraud.
“All the while she was married to one Mr Burk, a German, under the German civil law. She had never filed for divorce from him,” Amana said in an affidavit.
Childless marriage
Lily, in her own affidavit, has accused Amana of cruelty, neglect, verbal abuse and desertion. She also admits that their union did not result in children. She has also asserted that the politician did not pay the agreed dowry of Sh200,000.
“The petitioner (Lily) is now praying that the court intervenes and releases her from the marriage..” said Lily in the affidavit.
She claims in the same affidavit that in February this year, Amana abandoned her completely and went on to take hold of her two vehicles, gold ornaments, Sh10 million in cash and shares in three companies.
She claims that after Amana allegedly vanished from their Nairobi and Mombasa homes, she tracked him in Malindi where he was living with another woman.
According to accusations filed by Lilly, Amana broke Islamic law by abandoning and failing to take care of her.
“He neglected his marital/family responsibilities by failing to provide regular and adequate upkeep maintenance, food, rental, medications, clothing utility bills, to his wife (myself) as required of a responsible, married Muslim husband, thereby causing me to struggle harder in my business to cater for myself,” Lily asserts.
But Amana has denied in a replying affidavit the claims of neglect, abuse and adultery as alleged by Lily.
He has argued that the nature of his job requires he travels widely. He said he is a property agent tasked with safeguarding the properties of his clients.
Amana said he reported a case to Kileleshwa Police Station under OB number 37/28/09/2017 that has detailed how Lily physically abused him.
He said the alleged abuse would escalate to a point where he would have to leave his house and sleep in a hotel.
Holding properties
Lily has countered Amana’s accusations claiming that he is controlling. “He is in control of her personal properties and shares against her will,” reads her affidavit.
“Despite all efforts made by the plaintiff for an amicable out-of-court settlement, the defendant has proved to be uncooperative.”
Amana alleges that Lily broke into his business premises and stole business documents, a case which was reported in Parklands police station under OB number 46 02/04/2020.
He denies holding onto any properties owned by Lily.
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