Moi son fights jail order in marital row

A son of former president Daniel Moi has appealed against a court ruling that he should be jailed for failing to pay maintenance to his estranged wife and accused the presiding judge of bias.

Mr Philip Moi on Monday filed the appeal, setting out 16 grounds on which he believes that Mr Justice GBM Kariuki erred by committing him to jail. (Read: Philip Moi faces jail over divorce row)

“It is unfair, unjust, inequitable and draconian to take me to jail for failure to pay maintenance which I have stated categorically that I cannot afford,” he said.

Last week, Justice Kariuki ordered police to arrest Mr Moi and jail him for one month at the Industrial Area Prison unless he pays all maintenance due to Ms Rossana Pluda Moi, his estranged wife.

But according to Mr Moi, the court was not independent and impartial as required by the Constitution.

“I complained about its inherent prejudice but I was overruled,” he states.

He also argues that committing him to jail will adversely affect his children’s welfare and that it is inhuman and degrading.

The former soldier is asking the Court of Appeal to suspend the arrest order and refer the case back to the High Court before a different judge.

He also faults the High Court for awarding Ms Pluda Sh250,000 per month, the award which he was found to have dishonoured.

Presently, the total maintenance due from him is Sh8 million; Sh2.7 million arrears and further arrears of Sh250,000 from May last year.

“The children live with me most of the time and I cater for the entire school fees and school related expenses,” he said in an affidavit.