Moi’s son steps up fight against arrest

Mr Philip Moi has taken the fight against his arrest to the Constitutional and Human Rights Court.

The son of retired president Daniel arap Moi, who maybe jailed after a court issued a warrant of arrest against him, wants the Constitutional Court to declare that men and women are equal before the Supreme Law. (READ: Philip Moi ‘owes wife Sh7m’)

For that matter, one cannot be jailed for failing to maintain the other, he argues.

Through lawyer Evans Ondieki, he is petitioning the court to declare that warrants of arrest against him are invalid because they contravene the Constitution.

The petition, filed on Tuesday will be heard on Wednesday morning.

“It is irreconcilable how a party equal under the Constitution can be compelled to maintain another equal party,” the petition states.

Mr Moi is also asking the court to rule that retired army officers and other veterans are entitled to a reasonable pension that can support a decent lifestyle. He is a former soldier.

He claims that he was discriminated against on the grounds that he was the son of the former president.

Committed to jail

Following the arrest order, he was so traumatised that he was admitted with hypertension, high blood sugar, anxiety and trauma at the Nairobi Hospital for two weeks.

He is seeking compensation for that. Mr Justice GBM Kariuki of the Family Court committed him to jail for 30 days after he failed to pay a monthly maintenance of Sh250,000 to his estranged wife, Ms Rossana Pluda.

He was to be jailed at the Nairobi Industrial Area Prison for one month unless he pays all maintenance due but police are yet to arrest him.