Court reinstates Philip Moi arrest order

Written By Michael Maunda on Tuesday, June 26, 2012 | 1:18 PM

Kenya - The warrant of arrest against Philip Moi has been reinstated.

Justice G B M Kariuki dismissed with costs an application by Mr Moi seeking to have the orders issued on February 16, 2012 discharged on grounds that he was not “able to pay the monthly upkeep of his wife Ms Rossana Pluda".

Reinstating the order Justice Kariuki said Mr Moi “cannot be allowed to retain the advantage of the orders he procured in an unfair if not fraudulent circumstances".

He added that Mr Moi has trivialised the litigation and showed scant respect for the truth and the court process.

"My concern is to do justice to the parties and to ensure that the dignity of the court is not undermined," ruled the judge.

Justice Kariuki quashed a temporary order suspending the warrant of arrest saying “ Mr Moi obtained it through misrepresenting facts to Mr Justice Nicholas Ombija".

He said Mr Moi caused the judge to believe he had paid to his estranged wife the amount.
“No court would fail to suspend a warrant issued in execution for non-payment if the court was informed payment had in fact been made. The respondent (Philip Moi) has misled the court.”
He rejected the respondents grounds that he was equal in the marriage to Ms Pluda.

"The equality referred to in the constitution relates to rights and not obligation to maintain the petitioner (Rossana)," ruled the judge.

The judge dismissed with costs the application by Mr Moi to have the warrant discharged on grounds that he was not served personally with the decree pronounced by Lady Justice Roselyn Nambuye on May 24, 2010.

Source: Daily Nation