Philip Moi faces jail over divorce row
Philip Moi, a son of retired President Moi, has been committed to jail unless he pays for the maintenance of his estranged wife, Ms Rossana Pluda Moi.
A judge on Thursday ordered that Mr Moi be arrested and jailed at Industrial Area Prison for one month unless he pays all maintenance due from him to Ms Pluda.
His lawyer, Mr Evans Ondieki, failed to convince the judge to allow Mr Moi two weeks to pay up. He said he was appealing the decision.
Last October, the court ordered Mr Moi to pay Ms Pluda Sh250,000 a month for her upkeep and the maintenance of the couple’s two children. (READ: Philip Moi loses bid to have judge out of case)
Since the money has been accumulating, Mr Moi could be indebted by more than Sh2 million because the first order for maintenance was given in May last year.
Then, he had been ordered to pay Ms Pluda Sh60,000 a month, but that was increased to Sh250,000 a month or Sh150,00 per month if the children were in boarding. (READ: Court orders Moi son to increase allowance)
Mr Moi did not pay but begged the court to suspend the order pending his intended appeal.
On Thursday, Mr Justice G.B.M. Kariuki declined and instead granted Ms Pluda her application for arrest and detention of Mr Moi. The judge said Mr Moi was able to pay but was unwilling to do so.
“This court has a duty to ensure that the decisions of the court are not mere rhetoric but rather are decisions that must be obeyed by those to whom they are directed,” he said.
“The confidence of the public in our system of justice depends on the efficacy in the implementation and obedience of court decisions. It is for these reasons that the court takes a serious view of the respondent’s failure to obey the court order.”
Although the judge noted that it would be “morally wrong” and discriminatory against the poor to send one to civil jail for inability to pay a debt, he said Mr Moi was not poor.
“The respondent in this case is not unable to pay. He is not a man of straw,” the judge noted.
Since Ms Pluda was unable to identify any of Mr Moi’s property to attach, and civil jail was for those who refuse to pay debts, the only option was to deprive Mr Moi his freedom, according to the judge. (READ: Philip Moi’s wife says she has Sh1.5m debt)
“I order that a warrant of arrest and detention in civil jail at Industrial Area, Nairobi, for a period of one month do issue against the respondent to be executed by the officer in charge of the police station nearest the respondent’s place of residence unless the respondent pays in full all the maintenance due from him to date,” the judge ordered.
