US-based engineer Daniel Mutua has sued his ex-wife, a nominated MCA in Kitui county over child support.
Mutua, who works with Delta Airlines, wants the MCA to be compelled to provide for their three children as directed by a US court.
He has filed a case in a Kenyan court, which is set for hearing on May 20.
According to court records, the Judge for the Circuit Court for the County of Wayne in Michigan, Justice Charlene M. Elders on February 6, 2020 ordered absolute divorce after invalidating the marriage.
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They had previously met and got married in the US.
Justice Elder ruled out any spousal support on either party but directed collective child support to their three children in accordance to child support guidelines.
Justice Elders also gave the custody of the couple’s three children to Mutua until they attained 18 years.
In December, Mutua filed a civil suit HCCC/E259/2021 at the the High Court in Milimani seeking orders to have his estranged wife compelled to provide child support.
The plaintiff’s lawyer, Simon Mburu, is also seeking summary judgment to enforce the child support orders issued against MCA.
In a notice of motion, Mutua wants the Kitui MCA to be compelled to pay child support arrears as an accrued civil debt which include $1,510 (Sh172, 155) per month for each of the three children.
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He also wants another $11,919 (Sh135,786) per month for two children and $767 (Sh87,446) per month for one child.
Mutua requested the High Kenya to adopt the foreign court’s judgement and that the same be executed as a civil debt and be enforced according to the Kenyan laws.
He says that despite having notice of the judgement from the US court, the respondent has refused to make any efforts towards paying child support.
He argues that despite being served with summons and filling a memorandum of appearance dated December 6, his ex-wife has failed to file her defence.
Mutua says the respondent’s inaction makes him suffer more and wants the court to grant his prayers.
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