Fresh setback for Moi grandson in child support case
Collins Kibet Toroitich Moi has lost his bid to settle his child support case out of court.
This is after the court declined to grant his request to have the case filed by Ms Gladys Jeruto Tagi, the mother of his two children, arbitrated through mediation
Moi’s lawyer who appeared before resident magistrate Benjamin Limo unsuccessfully request to be allowed to engage Ms Tagi’s lawyer to see if they can reach an agreement outside the court.
The lawyer told the court that Collins, whose paternity to the minors was confirmed through a DNA test, was willing and ready to engage and negotiate on an out of court deal with Ms Tagi over the children’s support.
“Since my client is willing to take responsibility, I am sure we can sit down with the applicants’ lawyer to come up with proposals on how he is going to support the children,” said Moi’s lawyer.
His application was however, opposed by Ms Tagi who accused Moi of being insincere and mischievous.
Through her lawyer David Mong’eri, Ms Tagi claimed Moi’s request is part of the tactic to delay the case further.
According to Mr Mongeri, Collins has been using every available opportunity to derail the matter which has been pending in court for close to a year.
The lawyer argued that Moi was taking the court for a ride since he does not want the case to proceed.
The court heard that Moi, despite confirming that the children are his, has never reached out to their mother nor offered any assistance to them.
“He is not the best person for mediation because his actions portray him as a very mischievous person. He comes to court driving a land cruiser V8 , takes lunch from one of the high end hotels in town and leaves without even greeting his own children who come to court,” said the lawyer.
Mr Mongeri convinced the court to have the case proceed to the hearing before it is determined by the court.
In the case filed before court in April last year, Ms Tagi accused Mr Kibet of abdicating his parental responsibility towards the children.
She sired the children with Moi during the four years’ period that they lived together before parting ways in 2012.
She told the court that she has single-handedly taken care of the children’s needs for over ten years despite having no stable job.
Ms Tagi wants the court to compel Moi to pay Sh 1 million monthly towards children’s basic needs and maintenance.
Collins successfully applied for a DNA test to confirm his paternity to the children which came out positive.
After accepting responsibility offered to provide the children’s medical cover through NHIF as well as have them transferred to public primary schools.
He claimed to be struggling financially and unable to meet the demands in the suit.
Moi claimed to be jobless and dependent on friends and relatives for survival.
Resident magistrate Benjamin Limo fixed the matter for hearing February 11.