Monday, September 2, 2013

CHRONOLOGY: Popular cases relating to demand for child support

File | NATION Businesswoman Esther Passaris
File | NATION Businesswoman Esther Passaris. 
Aug 22, 2013 – Former Cabinet minister Fred Gumo is sued for maintenance for a child born in December 2012.
The woman claimed they had five-year old relationship which Gumo terminated upon discovering that she was pregnant with his child. She asked the court to make him provide Sh150,000 as monthly upkeep and also sought legal custody for the child.
In her application, she said the politician settled her bills at the Kenyatta National Hospital, where she delivered the baby, and that he suggested the child’s name.
She further stated that he is a man of means while she is jobless and cannot meet the expenses of taking care of the child.
PHOTO | FILE  Fred Gumo.
PHOTO | FILE
Fred Gumo.
August 20, 2013 – Bungoma Senator Moses Wetangula was ordered by a children’s court to pay monthly upkeep of Sh270,000 and an additional amount of Sh120,000 every year to cater for child’s clothing and other needs.
In her application, the woman said the politician had neglected his duties in providing for her and the child yet they were married under Bukusu customary law.
The court also granted her application to have temporary custody of their daughter. She told the court Wetangula, as a politician and lawyer by profession, is well capable of providing for her and their child.
The woman, in her submissions, said the former minister forced her to resign her job when she got pregnant in 2011 and has not been employed since.
Moses Wetangula. Photo/FILE
Moses Wetangula. Photo/FILE
May 7, 2013 – Makueni Senator Mutula Kilonzo’s burial plans were almost put on hold after a woman went to court demanding for a DNA sample to confirm paternity of her seven-year-old son.
Eunice Nthenya, 23, swore an affidavit stating she was in a relationship with Mutula between 2005 and 2008 and that he was the biological father of the minor who was born on May 5, 2006 in Makueni.
She wanted the court to compel the family of the former minister to recognise her son as a beneficiary of his vast property and averred that Mutula provided for the child until his death in April 27.
Ms Nthenya further claimed that Mutula paid the maternity bill of Sh4,000 in cash for the minor when he was born.

August 9, 2012 – Philip Moi, son of former President Daniel arap Moi, paid Sh8.1 million he owed as child support and maintenance arrears to his former wife Rosanna Pluda following an order by a High Court.
The settlement updated his child support payments and lifted the arrest warrant for his arrest that had been issued by the Court following a protracted court case. Moi also agreed to make monthly payments of Sh250,000 along with the next settlement due September 1. The court warned that the warrant of arrest would be reinstated if he fails to make the monthly instalments.
In a number of occasions, Rosanna tried unsuccessfully to get the police to effect the arrest warrants effected when he did not pay the child support and maintenance fees they had previously agreed on.
Photo/FILE  Mr Philip Moi.
Photo/FILE
Mr Philip Moi.

October 31, 2011 - Prominent TV pastor Thomas Wahome of the Helicopter of Christ Church in Nairobi was accused in court for neglecting his wife and children. Leah Mueni demanded Sh300,000 saying in court documents that the pastor makes millions from worshippers. 
 
Ms Mueni told the court in her demand for child support and upkeep that she and Pastor Wahome were married for five years before he deserted her. The woman wants the pastor to be fined for the period he couldn’t support the children. However, Pastor Wahome had filed for a divorce with the woman.
He asked the court to grant her request, describing it is a drop in the ocean of the fortunes of the man of God.
Photo/FILE  Bishop Thomas Wahome Njuguna
Photo/FILE
Bishop Thomas Wahome Njuguna
October 23, 2011 – former Presidential candidate Nazlin Rajput Umar sued tycoon Madatali Chatur under claims that he was her husband and demanded Sh280 million as upkeep and dowry. She told the High Court that Chatur, whose empire is worth billions, had promised to take care of her children and had married her under Islamic Sharia Law on September 27, 2010 but he had failed and refused to provide upkeep.
Also, that he had pledged Sh250 million and a Mercedes Benz as dowry. Nazlin wanted the court to order the businessman to deposit Sh27 million in her bank account as upkeep arrears from October 2010.
However, Chatur in his application to the court to dismiss an application filed by Nazlin, said she had lumped together divorce and separation issues, property matters and constitutional issues into suit and was not sure what she was seeking from the court.
Former presidential candidate Nazlin Rajput Umar
Former presidential candidate Nazlin Rajput Umar


October 1, 2009 – then Housing Minister and Malava MP Soita Shitanda was taken to court by twins, who through their mother, sought Sh135,000 a month to cater for their food, school fees, transport, medical care and other expenses.
 
The children, born in 2001, said he failed to provide for them like he should. The court heard that Shitanda irregularly catered for the children since May 2001 and had paid school fees for them in two occasions in 2008. In the plea to the court, children asked for Sh50,000 for their school fees per term and a medical cover of Sh60,000.
Other expenses presented were Sh20,000 per month for food, Sh35,000 rent, Sh30,000 for clothing, Sh6,000 for utilities, Sh4,000 for a house help and Sh10,000 for the twins’ entertainment. In his defence, Shitanda told the court he has not failed in his responsibilities as a father.
PHOTO | FILE Soita Shitanda.
PHOTO | FILE Soita Shitanda.
NATION MEDIA GROUP


July 24, 2008 - former Malindi MP Lucas Maitha was sued for child support for two children. The children’s mother Amina Abdallah presented the court with a Sh80,620 monthly budget for food and clothing but made it clear the amount did not include other needs such as their security, health and housing.

Through lawyer Justus Munyithia, the woman told the Tononoka Children’s Court Maitha should pay an amount to maintain the children “in a state similar to that before their father abandoned them”. She also wanted the children’s AAR medical cards redeemed to enable them go for regular check-ups.

August 16, 2005 – Former Cabinet Secretary and Member of Parliament Peter Oloo Aringo was sued by a university student for the upkeep of a three-year-old child.

The child’s mother, who demanded Sh100,000 a month for the maintenance, told the court the demand was reasonable as the then MP’s take home pay is Sh1.5 million monthly.

She asked for Sh35,000 for the baby girl’s school fees and Sh50,000 for holiday trips. Others are Sh30,000 (accommodation), Sh15,000 (groceries), Sh10,000 (cloths, toys and diapers), Sh10,000 (transport), Sh5,000 (medical expenses) and Sh5,000 maid’s salary.

In her application, she told the court Aringo had led her to believe they were married for the four years they were together and he provided for the child.
And that the MP used to visit the child twice a week but had stopped, she said, and in July “unilaterally and unreasonably” withdrew the Sh100,000 monthly contribution he was paying towards the child’s upkeep.
Photo/FILE  Peter Oloo Aringo.
Photo/FILE
Peter Oloo Aringo.

September 19, 2003 – Prominent business woman and politician Esther Passaris sued Thika Coffee Mills owner Pius Mbugua Ngugi for the maintenance of their two children and demanded Sh200,000 a month from him.

In the application made through their mother, the children aged five and eight years, also want a suitable car for their transport to and from school.

Esther, in her plaint, claimed Ngugi had acknowledged paternity and had been giving Sh200,000 a month for their maintenance and upkeep until April 2002.

Esther said she had cohabited with Ngugi at Spring Valley, Nairobi, since 1992. It was during that time that they got the two children. A third one died.

She claims Mr Ngugi had promised to leave his first wife, who lived in London, and marry her. She further accused him of having lied to her and demanded an unspecified amount in compensation.
File | NATION Businesswoman Esther Passaris
File | NATION
Businesswoman Esther Passaris.

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