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Moi gets relief in Khs90 million case
"My client is just a victim of his surname"
PhilipMoi-and-Rossana.
Phillip and Rossan Pluda have been battling in court over the up keep of their kids they sired while together.
The Court of Appeal has overturned a decision that he pays her Sh90 million for upkeep and house allowance.
In the precedent-setting judgment, appellate judges Hannah Okwengu, Daniel Musinga and Gatembu Kairu ruled that it was wrong to punish a man to pay for the maintenance of a woman when both are still capable of working to earn a living.
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“No spouse who is capable of getting employed to earn something should be allowed to make the other partner a beast of burden to cater for her maintenance just because their marriage has been dissolved. We find that the High Court judge did not properly exercise his discretion when awarding the amount,” ruled the judges.
High Court judge Luka Kimaru last year ordered Mr Moi to pay Pluda a lumpsum maintenance of Sh30 million and buy her a house in an upmarket area of Nairobi, or in the alternative pay her Sh60 million.
But Mr Moi, in his appeal through senior counsel Tom Ojienda, argued that he was unable to raise the amount and that the judge failed to consider his financial capabilities alongside that of his estranged wife.
According to the lawyer, Mr Moi is just a victim of his surname, but who in real life is an ordinary Kenyan living on pensions as a retired army officer and relying on his family members for a modest livelihood.
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