[2021] KEHC 12875 (KLR)
The court found that the applicant, as the spouse of the missing respondent and primary caregiver of their children, including one with special needs, was entitled to maintenance from the respondent's bank account. Despite the lack of itemized needs or disclosure of the account balance, the court exercised its...
Source-derived case information.
- Citation
- [2021] KEHC 12875 (KLR)
- Parties
- Applicant: OM; Respondent: GNK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E033 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application granted in part
- Judges
- AO Muchelule
- Legal Topics
- Maintenance of Spouse, Child Upkeep, Access to Bank Account
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
OM
Applicant
GNK
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be granted access to the respondent's bank account for maintenance and upkeep of herself and the children.
- 2 Whether the court can authorize periodic withdrawals from the respondent's account in the absence of detailed itemization of needs.
Ratio Decidendi
The court found that the applicant, as the spouse of the missing respondent and primary caregiver of their children, including one with special needs, was entitled to maintenance from the respondent's bank account. Despite the lack of itemized needs or disclosure of the account balance, the court exercised its discretion to authorize an initial withdrawal of Kshs. 300,000 and subsequent monthly withdrawals of Kshs. 100,000 to ensure the family's welfare, pending further orders. The court relied on the principle that dependents should not suffer due to the disappearance of a breadwinner and that judicial intervention is warranted to protect their interests.
Court Disposition
application granted in part
Orders
- The applicant is authorized to withdraw Kshs. 300,000 from account No. [….] at Co-operative Bank of Kenya.
- The applicant is further authorized to withdraw Kshs. 100,000 on the 1st of each month beginning 1st June 2021 until further orders of the court.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
MISC. APPL. NO. E033 OF 2021
OM.............................................APPLICANT
RULING
1. The applicant OM is married to GNK who has an account No. [….] at Co-operative Bank of Kenya. The couple married on 24th December 2009 and have three children. GNK was working in Kabul in Afghanistan as a senior consultant for [Particulars withheld] funded by the World Bank when he was kidnapped by unknown people. OM was informed about the kidnap on 18th June 2017. The family has not been able to reach or contact him since.
2. The applicant is a housewife and the children are in school. She needs upkeep for herself and the children, and fees for the children. She has come to this court for an order that she accesses the husband’s account to meet these needs. One of the children suffers from cerebral palsy and requires constant medical attention.
3. A replying affidavit by Lucas Muthama, Legal Officer for the bank, indicated that they were willing to obey any court order that is made in the matter.
4. The applicant did not itemise her daily or monthly or termly needs for upkeep, medical or school fees. The court was not told how much the account holds.
5. Subject to how much the account holds, I authorise the applicant to withdraw Kshs. 300,000/= (Three Hundred Thousand Shillings only) from the account No. [….], and thereafter Kshs.100,000/= (One Hundred Thousand Shillings only) on 1st of each month, beginning 1st June 2021 until further orders of the court.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 6TH MAY 2021.
A.O. MUCHELULE
JUDGE