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Reprieve for woman who pays Sh20k maintenance fee to ex-husband

The Court of Appeal has stopped a woman from paying Sh20,000 in maintenance fees per month to her former husband until a petition she has filed is heard and determined.

While ruling on the matter, Judges D.K. Maraga, D.K. Musinga and S. Gatembu Kairu said the appeal in which Mrs Mabel Emma Khayisia Majanja wants the High Court order requiring her to maintain her estranged husband, Mr Gerishom Lujitio Majanja, overturned is arguable.

Judge George Kanyi Kimondo had ordered Mrs Majanja to pay Mr Majanja Sh20,000 per month following a divorce case she filed.


In the case, Mr Majanja accused his former wife of committing adultery with a Moi University deputy vice-chancellor and a former vice-chancellor.

The Court of Appeal judges agreed with Mrs Majanja’s lawyer, Mr Alubala Andambi, that from the material on record, Mr Majanja had admitted that he is not a man of means.

The judges noted that Mr Andambi had also indicated to them that if the appeal stopping the monthly payments succeeds, Mr Majanja would not be able to refund the maintenance sum that would have been paid to him.

They said that in such an event, the appeal would have been rendered nugatory. They added that the woman said she had to borrow money from a bank to comply with the directive issued by the High Court and stands to lose the cash if the appeal is successful.

Mr Andambi had criticised Justice Kimondo for ordering Mrs Majanja to maintain her estranged husband, even when he had been looking after himself for 18 years, and had not shown that his life had drastically changed.

He also said Mr Majanja had not produced any evidence to show that his former wife had the means to maintain him.


The lawyer asked how he had arrived at the figure of Sh20,000 a month without any proof of her earnings.

While awarding Mr Majanja the maintenance money, Justice Kimondo said the Constitution states that parties to a marriage are entitled to equal rights at the time of marriage, during the marriage and after its dissolution.