Sunday Times, South Africa - August 13, 2000
George Ogola: Lagos
John Michael Midiwa had forced his wife of 10 years, Olivia Akinyi, to live in the servants' quarters of their home - an action described by the Kenyan Court of Appeal as "traumatising" as well as "dehumanising".
The judges also took exception to the earlier ruling of a High Court judge, Justice K H Rawal, who dismissed with costs Akinyi's application for an injunction to restrain her husband from expelling her.
They argued that Justice Rawal's ruling was insensitive and failed to consider the facts presented during the trial.
"If anything is done to upset and alter the state of health of the wife, substantial harm may be occasioned and her intended appeal will be rendered nugatory [of little value]," they said.
Noting the uniqueness of the case, the appellate judges said they were deeply perturbed by the way Justice Rawal had approached the case.
They argued that in the process, the judge had, in fact, ignored the medical condition of the wife and the tender age of the couple's two children, and consequently made certain orders that were insensitive and inappropriate.
Midiwa and Akinyi were married in February 1990. They have two sons aged seven and 10, and the marriage appeared to have been reasonably happy until December 1996 when Akinyi tested HIV-positive.
On January 24, Midiwa petitioned for divorce. He argued that his HIV-positive wife was endangering his life. He also complained of being assaulted by her.
In another court battle, a Kenyan district court dissolved a 24-year marriage after hearing how a couple lived together without talking to one another for a year.
The court found that a businessman in Embu - a small town in central Kenya - had tormented his wife, a senior nurse, both mentally and physically.
It heard how the man had erected notice boards, including one in the bedroom, through which he would communicate with his wife, mostly via abusive notes.
She said one such letter was pinned on the gate on May 30 1997, when he threatened to report her to the police for snoring at night. A few days later, he threatened to burn her for leaving unwashed utensils in the kitchen sink.
He also allegedly beat and evicted her from their home on several occasions, claiming she was unfaithful.
In another letter, he accused her of harassing him and threatening his life. He vowed to "deal with her".
In his ruling, the magistrate ordered that the two share equally the property they had acquired during their 24 years of marriage.
The man was ordered to maintain his wife and pay fees for their two children at university.
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