x Eve Woman Wellness Readers Lounge Leisure and Travel My Man Bridal Health Relationships Parenting About Us Digital News Videos Opinions Cartoons Education E-Paper Lifestyle & Entertainment Nairobian Entertainment Eve Woman Travelog TV Stations KTN Home KTN News BTV KTN Farmers TV Radio Stations Radio Maisha Spice FM Vybez Radio Enterprise BULK SMS E-Learning Digger Classified The Standard Group Corporate Contact Us Rate Card Vacancies DCX O.M Portal Corporate Email RMS
Login ×

MCA loves to travel but won’t pay child support

Readers Lounge - By Kamau Muthoni
Justice Francis Gikonyo said travel expenses are not footed by an employee as he is entitled to per diem (Photo: Shutterstock)

A Meru County Assembly member told a court he has money to cater for travel expenses to attend official functions but cannot raise Sh20,000 for child upkeep.

In his bid to convince the court to lower child upkeep demanded by a woman, he argued that he caters for nine other children.

But Justice Francis Gikonyo said travel expenses are not footed by an employee as he is entitled to per diem.

“Therefore, such official engagements are not charged to or catered for by his personal emoluments.

“Accordingly, I find that the applicant has failed to prove that substantial loss would ensue unless I order a stay of execution,” the judge ruled.

He added: “The applicant stated that he has other official responsibilities which include travelling to functions.

“These are official functions and are catered for in his salary as travelling allowance. Besides, if he were to engage in functions related to his position then that ought to be catered for by his employer in his salary or in per diem.

  2. 1. Mum shamed after showing children's favourite meal - but others don't see the issue
  3. 2. How you can prepare your child for the back-to-school season
  4. 3. Co-parenting in the first days after a breakup
  5. 4. Confessions: I resent my two-year-old and come up with excuses not to spend time with her

“Therefore, such official engagements are not charged to or catered for by his personal emoluments.”

The MCA code named GC had been ordered by the magistrate’s court to give Sh20,000 monthly as child upkeep to a woman named IG.

Aggrieved, he moved to the High Court arguing that he could not afford the amount.

In court papers, the MCA claimed he has nine other children to take care of, pays fees for his late brother’s children and was servicing a loan.

GC argued that paying Sh20,000 child upkeep for a one-year-old was costly and offered instead to pay Sh5,000.

“I cannot afford the amount ordered because I am an elected public servant who depends on salary.

“A child is a joint responsibility and it is expected that either parent must make an effort to provide for their upkeep,” the man argued.

The leader narrated that he met IG in 2017 when he was not well off. He argued that if he was to pay Sh20,000 child upkeep, it would prejudice the other nine children.

But IG urged the court to dismiss the application. She said contrary to GC’s claims that he only depends on his salary, he had other sources of income.

She claimed that the MCA has rental houses, a petrol station and two acres of miraa. IG further dismissed the man’s claims that he was taking care of his late brother’s children, saying that he had only two other children.

“Thus, the applicant is indeed a man of means who is capable of paying the amount ordered,” she said.

The judge found that although the MCA had argued that he was taking care of other children, he had no receipts to prove the claim.

Stay Ahead!

Access premium content only available
to our subscribers.

Support independent journalism
Log in
Support independent journalism
Create an account    Forgot Password
Create An Account
Support independent journalism
I have an account Log in
Reset Password
Support independent journalism
Log in