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
