[2009] KEHC 2007 (KLR)
The court found the petitioner’s request for maintenance reasonable and merited, especially in light of the respondent’s failure to file submissions or participate in the proceedings as directed. The court accepted the petitioner’s proposal that she would cover medical, shelter, utilities, and half of the food...
Source-derived case information.
- Citation
- [2009] KEHC 2007 (KLR)
- Parties
- Applicant: R.O.A.O; Respondent: A.O.M
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 8 of 2008
- Procedural Posture
- Divorce Cause / Ruling on Maintenance After Judicial Separation and Custody Orders
- Outcome
- Petitioner's application for maintenance granted as prayed in her submissions.
- Judges
- CN Mugo
- Legal Topics
- Judicial Separation, Child Custody, Child Maintenance, Spousal Support
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
R.O.A.O
Applicant
A.O.M
Respondent
Procedural Posture
Divorce Cause / Ruling on Maintenance After Judicial Separation and Custody Orders
Legal Issues
- 1 Whether the respondent should be ordered to contribute to the maintenance of the children after judicial separation.
- 2 Whether the petitioner is entitled to possession and use of the family motor vehicle for the benefit of the children.
Ratio Decidendi
The court found the petitioner’s request for maintenance reasonable and merited, especially in light of the respondent’s failure to file submissions or participate in the proceedings as directed. The court accepted the petitioner’s proposal that she would cover medical, shelter, utilities, and half of the food expenses for the children, while the respondent would be responsible for the other half of the food expenses and all educational costs, including school fees and related expenditures. The court also granted the petitioner possession and use of the family motor vehicle for the benefit of the children, emphasizing the paramountcy of the children’s welfare and the shared parental...
Court Disposition
Petitioner's application for maintenance granted as prayed in her submissions.
Orders
- The respondent shall pay half of the food expenses for the children as budgeted by the petitioner.
- The respondent shall cater for all educational needs of the children, including school fees, transport, uniforms, books, and school trips.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Divorce Cause 8 of 2008
R.O.A.O………………..………………. ………………..PETITIONER
VERSUS
A.O.M…………….. …………………………………..RESPONDENT
RULING
The parties to this divorce cause recorded a consent for judicial separation on 26th May, 2009. On 6th July, 2009 the court granted the petitioner the custody of the two issues of the marriage, B.O.M and G.O.M, both of whom expressed their strong desire to be with the petitioner. The respondent was granted visitation rights as per the consent reached and recorded before court. The parties then applied to file written submissions as regards maintenance and the court directed that the same be filed on or before the 15th of July, 2009. Only counsel for petitioner attended court for the mention on 15th July, 2009 when the file was listed before the Honourable Mr. Justice Maraga. His Lordship directed that the same be mentioned on 21st July, 2009. Again counsel for the respondent did not attend court. Neither had he filed any submission on behalf of the respondent as at that date. The court granted the respondent further indulgence to file his submissions, if any, on or before 31st July, 2009 whilst directing that failure to comply would mean that the issue of maintenance would be decided on the basis of the submissions filed by the petitioner. There has been no compliance.
In her submissions the petitioner has stated that she is a teacher earning a net salary of Kshs.20,408/- and that she would be willing to cater for the children’s medical expenses, shelter, electricity, water and also bear half expenditure of food. She stated that her budget of food totals Kshs 8,000/. She prays that the respondent be ordered to pay half expenditure for food and also cater for education needs of the subjects, that is to say, school fees and related expenses including but not limited to transport, uniforms, books and school trips. She stated also that since the children were now in her custody the family’s motor vehicle Registration No. [.....] Toyota Corolla, be placed in her possession and use for the benefit of the children of the marriage.
I find that the petitioner’s request is quite reasonable and merited. The respondent having chosen not to file any submissions as directed by the court, I grant the prayer for maintenance as stated in the petitioner’s submissions dated 13th July, 2009.
Orders accordingly.
Dated signed and delivered at Nakuru this 5th day of August, 2009
M. G. MUGO
JUDGE