CHILD CUSTODY DISPUTE

Husband who left with children to produce them in court

Woman tells court that she is apprehensive that estranged husband might torture the children.

In Summary
  • The woman moved to court claiming  husband took children from their matrimonial home in Kahawa Sukari to Karen to live with former house help.
  • She wants a monthly upkeep of Sh 69,000 for provision of shelter, food clothing and other necessities pending the hearing of this petition.
Milimani law court/FILE
Milimani law court/FILE

A children’s court has ordered the estranged husband of a Rwandan woman who allegedly eloped with their maid and children to produce them in court on Thursday.

The Kenyan man, a senior employee of a top security firm in Burundi, has been directed to take the children aged  four and two before senior resident magistrate Gerhard Gitonga.

The woman moved to court two weeks ago claiming her husband took the children from their matrimonial home in Kahawa Sukari and moved them to Karen, where they were living with her former house help-turned-mistress.

The woman’s lawyer told the virtual court that the husband had disobeyed orders directing him to bring the children to court on Tuesday and he should be arrested.

However, his lawyer said they were not in court when the orders were issued and they did not get a chance to tell their side of the story.

The magistrate said the court was ready to suspend the order of producing the children in court if both parties could arrange to meet at a mall to allow the mother to see and confirm that the minors were fine pending hearing of the case.

Gitonga further noted that they had been trying to minimise the children’s movements and he was hard-pressed to order them to be produced in court.

“Because we know every movement is a potential danger in terms of the coronavirus disease and we are alive to all these facts but the law must also apply,” he added.

Both lawyers agreed to appear in court on Thursday when the father is expected to bring the children to court.

In the case, the woman wants monthly upkeep of Sh69,000 for provision of shelter, food, clothing and other necessities, pending the hearing of this petition.

She claims that the man earns a monthly salary of Sh300,000 not considering all the allowances he gets while she is jobless and with no source of income.

“She is jobless and cannot provide for the minors in terms of food, clothing and other necessities while her husband is an employee of a multinational security firm where he earns a lot of money,” read the court papers.

 “The defendant left their matrimonial home with the minors as well as his mistress whom he disguised as the house girl while he was plotting their exit.”

She tells the court that she is apprehensive that her husband may torture the children who are confused and do not know where their mother is.

According to court documents, the couple lived together in Kahawa Sukari until July 4 when the husband left their matrimonial home and took the children with him.

The mother argues that the children are of tender ages and in dire need of the mother's love and care which cannot be provided by the husband.

She wants the court to give her custody of the children and also order her husband not to throw her out of their matrimonial home in Kahawa Sukari.

She claims that he has already sent real estate valuers to value their house with the intention of selling it without regard to the well-being of their kids.

Edited by Henry Makori