Nyeri MCA appeals against decision on child upkeep

Nyeri Majority Leader Duncan Gituanja has appealed against a decision forcing him to pay Sh18,152 child support.

Earlier this year, the Kabaru lawmaker was sued by Virginia Wanjiru in a magistrate's court over claims of child neglect.

In the suit, Ms Wanjiru wanted Mr Gituanja ordered to pay Sh32,600 child support.

"He has neglected his parental responsibility and refused to contribute to the welfare of the child," she said in an affidavit.

Wanjiru, who works for a local insurance firm, said efforts to have Gitunja pay child maintenance for their one-year-old daughter had been futile.

On April 15, Resident Magistrate Joanne Wambilyanga said both parents had a joint responsibility to raise the child, and therefore ordered Gituanja to pay Wanjiru Sh18,152 each month for the child's upkeep.

The court awarded the mother legal and physical custody of the child, but Gituanja still had a right to visit the child on weekends.

He was also ordered to pay her school fees when she reaches school going age. He was also ordered to cater for the child's medical expenses. However, the lawmaker argued that both he and the mother had taken medical cover for the child.

During the hearing Gituanja demonstrated to the court that his net earning was Sh40,000 and not Sh300,000 as earlier believed.

"Despite demands and notice of intention to sue, he has failed to make good his promise yet I only earn Sh17,000 a month," Wanjiru said.

Gituanja asked the court to dismiss the case, arguing that Wanjiru was intent on harassing and extorting money from him. He said he and Wanjiru had agreed that he would provide Sh7,500 for child support.

The court heard that they met in May 2013, shortly after Gituanja was elected MCA and had relations that led to the birth of a girl in August 2014. He acknowledged that he was the child's biological father and averred that parental responsibility is shared by two parents on 50/50 basis.

This is the judgement the majority leader wants stayed until his appeal is determined.