High Court orders retired soldier to pay former wife Sh30 million

The High Court compelled a retired soldier and a leading businessman to pay Sh30 million to his former wife after a successful divorce suit.

Justice Luka Kimaru also ordered the man to provide the petitioner with a house within Runda, Lavington, Kileleshwa, Kilimani or Karen or any other upmarket area of Nairobi.

“The house provided should have the standard of living that the petitioner was used to during the subsistence of the marriage,” said Justice Kimaru.

Kimaru further directed the man to provide the house within 90 days from the date of the judgment or he makes a payment of Sh60 million to the petitioner.

“The respondent shall pay the cost of the suit to the petitioner,” added Kimaru in January.

The couple was married in March 1993, and were blessed with their first child, a girl, in November the same year. The second child was born on March 31, 1995.

They lived together in their matrimonial home in Nairobi’s Runda estate for most of their married life.

Before moving to court in 2008, the couple had lived separately for more than five years.

Numerous applications were subsequently filed before court as well as in other courts of concurrent jurisdiction.

The woman sought orders to have custody and care of the children who were minors at that time with rights of access to their father.

The woman also sought orders to have the soldier compelled to pay fees for their children in schools of their choice up to university education.

The businessman duly filed an answer to the petition and cross-petition in which he denied all the allegations of adultery and cruelty that had been leveled against him.

He also counterclaimed that the woman had deserted the matrimonial home and taken up residence with another man.

Judge Roslyn Nambuye on May 24, 2010 granted the woman care and custody of the children and allowed reasonable access by the soldier to the children.

The man was also ordered by the same court to pay Sh250,000 per month to the petitioner as maintenance for the woman and the children.

LUMPSUM PAYMENT

“This sum would be reduced to Sh150,000 when the children are not with the woman,” said Justice Nambuye.

The parties presented their evidence in person and through their respective counsel on various dates in 2014.

The petitioner stated that her marriage with the respondent had irretrievably broken down, and consequently urged the court to dissolve it.

She also submitted that the respondent should be made to pay for her maintenance.

The woman wanted the court to consider the income and earning capacity as well as financial and other resources before the award.

The petitioner urged the court to order that the said maintenance be paid by way of a lump sum payment of not less than Sh100 million, even if such payment comprises a house and the rest in an amount such as the court may determine.

She further urged the court to take into account the fact that the respondent had offered to provide her with a house in Lavington, which cost Sh24 million at the time of the offer, but which currently costs approximately Sh100 million.

She also submitted that the respondent should bear the costs of the suit as he was responsible for the breakdown of the marriage and also because of his disobedience of court orders, which resulted in multiple applications thereby increasing the costs.

On the other hand, the respondent denied all the allegations made against him and counterclaimed that his estranged wife had deserted their matrimonial home for another man’s house.