Court orders Moi son to increase allowance

What you need to know:

  • The Constitution confers on every child the right to basic nutrition, shelter and health care

A son of former president Daniel Moi has been ordered to increase the monthly allowance of his estranged wife from Sh60,000 to Sh250,000 a month.

Mr Justice J.B. Kariuki ruled that Mr Philip Moi should take responsibility for his family and pay his wife, Rossana Pluda Moi, the money.

Ms Pluda had filed an application seeking an increase of the amount, arguing that the Sh60,000 monthly upkeep was not enough to cater for her daily needs and rent.

She said that she sought the increment in the interest of the children and justice.

In his ruling, Justice Kariuki said that the application was a matrimonial matter in which the welfare of the children was involved and that the Constitution conferred on every child the right to basic nutrition, shelter and health care.

Welfare of children

He ruled that while the legal battle between Mr Moi and his wife continued, the court could not allow the situation to affect the welfare of the children.

He said that Mr Moi, as the father of the children, had parental responsibility to meet their needs.

He dismissed an application by Mr Moi to have the execution of the orders stopped until he had challenged the proceedings in the Court of Appeal, saying that maintenance could not wait for the court case.

He ruled that the court could not give maintenance by one hand and take it away with the other, nor did the right of appeal relieve one of his obligation to maintain his family.