Dear Harold,
I am writing on behalf of my elder sister whose marriage hit the rocks and ended up with a separation in court following perpetual physical assaults by her husband. Despite their separation, her husband does not respect her space. He unashamedly walks into her house at odd hours demanding to see their three children. During their separation, the court had set timelines on when the children can go to his place — mainly weekends. He has, of late, turned into a stalker, hounding her with advances that they move in together, which my sister is against. Is there a way my sister can stop his advances and unbecoming behaviour in contempt?
Lucy, Nairobi.
Counsellor’s take
Dear Lucy,
It is possible for your sister to put a check on her separated husband. If they were judicially separated — separation following a court order — then her husband is in gross contempt of the directives and could spend six months in jail. Alternatively, she can seek the services of an advocate of the High Court with a valid practicing certificate to assist her in obtaining a restraining order. Legally, the order will stop her separated husband from hounding and making advances to your sister. Furthermore, the orders may also keep him away either temporarily or permanently. Should he persist after being issued with the orders, he would either be in contempt of court and can serve six months in prison — without the option of a fine — or the court shall offer an alternative penalty.