Two courts, different orders in Governor Mutai, woman child dispute

The dispute between Kericho Governor Erick Mutai and a woman claiming to be the mother of his daughter has moved between courts, resulting in separate orders touching on communication, maintenance and access to the child.

On Friday, the High Court in Nakuru ordered Mutai to stop communicating with the woman or commenting publicly about the dispute, while a separate case before the Nakuru Children’s Court had directed the woman to facilitate his contact with their daughter.

Justice Julius Nang’ea issued the High Court orders after the woman filed an urgent application through her lawyer, Lydia Gathoni of GKL Advocates LLP.

The order restrains Mutai from communicating with the woman in any manner or making comments through any media concerning the dispute pending further proceedings.

“It is hereby ordered that the application is certified as urgent. The respondent (Mutai) is restrained from communicating in any manner whatsoever with the petitioner and or making any comments through any media in relation to the dispute before this court,” the order states.

The woman, who is the mother of the minor at the centre of the dispute, has accused Mutai of repeatedly calling, harassing, intimidating and threatening her, her family and her lawyers.

In an affidavit filed in support of her application, she alleged that the governor threatened to teach her a life lesson if she took legal action against him over child maintenance.

She also claimed that he continued calling her after she had instructed lawyers to represent her.

The woman further alleged that details of the proceedings had been shared on Facebook, TikTok and WhatsApp despite an earlier order restricting publication of proceedings in the children’s case.

According to the affidavit, some of the social media comments allegedly referred to the 2019 murder of Sharon Otieno, raising fears for the safety of the woman, the child, her family and her legal team.

She told the court that she had gone into hiding because of fears for her safety and that of the child.

“The applicant genuinely fears for her life, that of the minor, her family, her Counsel and the lives of the Advocates at GKL Advocates LLP,” she stated in the affidavit.

The woman has asked the High Court to restrain Mutai, his agents or anyone acting on his behalf from calling, texting or messaging her, as well as from harassing, intimidating, threatening or otherwise interfering with her, the minor, her family and her advocates.

She also wants the court to order the Inspector General of Police to enforce the court’s orders.

The application comes against the backdrop of a separate case filed by Mutai at the Nakuru Children’s Court.

Mutai filed the case early this month, accusing the woman of denying him access to the minor and relocating with the child to her sister’s home in Nakuru.

Nakuru Resident Magistrate Jemimah Moragwa subsequently ordered Mutai to provide Sh25,000 a month towards the child’s maintenance pending determination of the case.

At the same time, the magistrate directed the woman to facilitate Mutai’s contact with the child through physical visits, video calls and telephone calls. She was also ordered to provide him with timely information and updates concerning the minor.

Moragwa ordered that, pending the hearing and determination of Mutai’s application seeking access, the woman should facilitate access to the child through visits, video calls and phone calls, as well as provide timely information and updates about the child as and when the governor requires.

A children’s officer was directed to investigate the circumstances surrounding the child and file a report in court.

The woman has separately alleged that Mutai failed to comply with the Sh25,000 monthly maintenance order.

Mutai claims that the woman had refused to disclose where she and the child were living and would sometimes go offline, contacting him when she needed financial assistance.

Mutai said he initially sent Sh18,000 a month for the child’s upkeep but increased the amount to Sh25,000 after the woman complained that the earlier amount was insufficient.

He said the money was intended to cover expenses including clothing, shelter, entertainment and toys.

The governor further alleged that, despite the increased payments, the woman continued to restrict his access to the child.

Mutai told the court that he was concerned about his daughter’s welfare and wanted the court to intervene to ensure that he could maintain a relationship with her.