Samburu Nominated Senator Hezena Lemaletian has filed a petition in the Nairobi Commercial Magistrate’s Family Court seeking orders declaring that no valid marriage exists between her and one Musa Hussein Lenyumpa, a man who allegedly claims to be her husband through customary Samburu traditions.
In a case filed under Magistrate Court Family Case, Senator Lemaletian is asking the court to bar Lenyumpa from publicly or privately claiming that the two are married.
She also seeks restraining orders to protect her safety and political reputation, citing increasing threats and misinformation campaigns allegedly orchestrated by the Respondent.
“There exists no marriage, statutory, customary, or otherwise, between myself and the Respondent. His assertions are false, harmful, and dangerous,” Lemaletian states in her supporting affidavit filed through her legal counsel, Danstan Omari & Associates Advocates.
According to the petition, Lemaletian acknowledges that there was once an intention to marry, initiated by Lenyumpa through Samburu cultural practices.
At the time, Lemaletian was outside the country, but traditional elders gave Lenyumpa permission to court her, pending the satisfaction of customary requirements.
“There was no dowry paid, no formal engagement conducted, nor was any marriage registered under any recognized law in Kenya,” the petition states.
The relationship advanced to what was described as a customary courtship phase, during which Lemaletian claims she had the right to withdraw consent should she find the arrangement unsatisfactory.
She later asked the elders to revoke the consent and requested the return of the symbolic offering Sh 100,000, locally referred to as “ropiyani e loip” or “pesa ya kivuli” (money for shadow).
“The offering was returned in full. There was no payment of dowry, which according to Samburu customs equates to 8 cows. That process was never reached,” she clarifies in her affidavit.
The Senator makes serious allegations of physical and verbal abuse, claiming that during one confrontation, the Respondent became violent to the point of causing her to nosebleed.
A Good Samaritan who attempted to intervene was reportedly threatened by Lenyumpa.
“He started being violent physically and verbally, hurling insults and false accusations at me,” she swore in her affidavit.
“When I sought help, he even threatened the person who came to my aid.”
Lemaletian accuses Lenyumpa of mounting a defamation campaign online, using bloggers and social media influencers to spread misinformation that he is her legal husband.
“These false claims have caused me emotional distress, social discomfort, and reputational harm,” she said. “As a public figure, my integrity is crucial for the effective discharge of my political duties.”
The case has been brought under Sections 3, 8, 9, and 98 of the Marriage Act, 2014 and Order 37 Rule 1 of the Civil Procedure Rules, 2010. According to the documents, no prior legal proceedings had been initiated between the parties regarding the alleged marriage.
In her closing, Lemaletian emphasized the importance of the court issuing a clear judicial pronouncement to prevent any future manipulation of her name and reputation under false pretenses of marriage.
“It is of paramount importance that this Honourable Court issues a clear judicial pronouncement to the effect of a declaration of no marriage between the parties,” reads the petition.
In her petition, Senator Hezena Lemaletian is seeking several legal remedies from the court.
She is requesting a formal declaration that no valid marriage exists between herself and the Respondent, Musa Hussein Lenyumpa.
Additionally, she is asking the court to issue an order restraining Lenyumpa from presenting himself, whether publicly or privately, as her husband to any individual or authority.
The Senator also seeks an order prohibiting the Respondent from using her name or identity for any legal, financial, or social advantage.
Furthermore, she is seeking that the costs of the suit be awarded in her favor.
Lastly, she requests that the court grant any other relief it may deem just and appropriate in the circumstances.
