Pluda seeks Philip Moi's arrest

Philip Moi’s estranged wife Rosanna Pluda (right) and her lawyer Judy Thongori (left) at a Nairobi court October 7, 2011. Ms Pluda is expected to ask the court July 26, 2012 to compel the police to arrest her husband. FILE

Philip Moi’s estranged wife, Rossana Pluda, is expected to ask the court Thursday to compel the police to arrest her husband.

Ms Pluda will be presenting arguments through her lawyer Judy Thongori.

In an application filed earlier and certified as urgent, she claims the Muthaiga police boss has refused to execute an arrest warrant against Mr Moi, in contempt of a court order.

The warrant of arrest against Mr Moi was reinstated by Justice GBM Kariuki.

Mr Moi has claimed he is not "able to pay his wife’s monthly upkeep".

In her application, Ms Pluda stated that Mr Moi “has trivialised the litigation and showed scant respect for the truth and the court process".

She sought that the OCS should be summoned to court to show cause why he has not arrested Mr Moi.

Mislead judge

Mr Moi has been accused of misleading a Judge to believe he had paid his estranged wife when he won the short-lived vacation of the warrant.

Ms Pluda has maintained that her husband still owes her Sh7 million in upkeep.

Ms Thongori said the orders issued earlier to have Mr Moi arrested and imprisoned for one month until he complies would remain in force until he settles the full amount .

The debt dates back to May 24, 2010, when the High Court ordered Mr Moi to pay Ms Pluda a monthly upkeep of Sh250,000 when she was living with their children.

The amount is reduced to Sh150,000 when the children are in school.

Police claim they have not found Mr Moi at his Muthaiga home despite numerous visits.

Ms Pluda filed for divorce on December 2, 2008, accusing her husband of adultery and cruelty. Mr Moi in turn accused his wife of adultery claiming she had an affair with another man.

Ms Pluda’s application to have the police summoned to court will be determined before judge GBM Kariuki.