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MCA rushes to court to block Sh18K child support order

July 6th, 2016 2 min read

Nyeri County Assembly majority leader Duncan Gituanja has moved to the High court to challenge a children’s court judgment that ordered him to pay Sh18,152 monthly to support a child he bore out of wedlock.

Through Sichangi and Partners advocate, Mr Gituanja wants Justice Abigail Mshilla to overturn the judgment and the figure for the child’s monthly upkeep reduced.

In an affidavit, the Kabaru Ward representative Mr Gituanja said he doesn’t deny that the child is his biological daughter and that he does undertake to care and maintain her as per the provisions of the Children’s Act.

He said that during the hearing of the case in the lower court, they had agreed with child’s mother, Ms Virginia Wanjiru Mbende, on a monthly upkeep of Sh7,500 which he has been contributing.

“I had demonstrated to the court that my net earnings per month is Sh40,000. But I am aware that parental responsibility is a shared responsibility and should be shared equally between parents,” he said.

A judgment delivered by senior resident Magistrate Joan Wabilianga on April 15, 2006 had ordered Mr Gituanja to contribute the Sh18, 152 monthly for child support.

CHILD CUSTODY

The court also ordered Mr Gituanja to cater for both school fees and school accessories of the child once she attains school going age. Both Mr Gituanja and Ms Mbende were ordered to share the medical expenses of the child.

Ms Mbende was given both physical and legal custody of the child while Mr Gituanja was granted the rights to access the child during weekends.

Mr Gituanja is arguing that the judgment was not considerate as both the mother and he have taken medical cover for the minor and therefore her medical expenses don’t exceed Sh150 per month.

He wants the court to stay the orders issued by the  lower court saying that if Ms Mbende executes the judgment he will suffer loss.

“The respondent have applied for execution in the matter and might execute them against me anytime unless the orders sought are granted,” he said.

Ms Mbende through lawyer Gori Ombongi moved to court on August 14 last year and sued for the custody of the child. She also wanted to be paid Sh32, 600 per month for the upkeep of the child who was born on August 7, 2014.

The case which was coming for hearing has been adjourned due to the ongoing lawyers’ strike. As a result, both parties were ordered to take a hearing date from the court’s registry.