Husband ordered to pay Sh926,000 rent for estranged wife

The man argued that he lives with the children and incurrs all the bills, yet his wife owns a house which she doesn't have to pay rent for.

Entrance to the Mombasa Law Courts (Twitter)

A court in Mombasa has ordered a man to pay Sh926,000 in rent arrears to his estranged wife.

According to court proceedings, the money was supposed to cater for 40-month rent arrears amounting to Sh820,000 and 12% interest of Sh106,000.

In the circumstances, I do hold that the respondent is in arrears of rent for the 40 months, making a total of Sh820,000 plus interest at the court’s rate of 12 per cent, and costs making a total of Sh926,000 as the outstanding amount,” said Justice John Onyiego of the Mombasa Family court.

The man was accused of defaulting on rent from August 2016 to February 2020.

He argued that his salary was less than Sh140,000 but the judge said that it was enough to enter into a payment plan with his estranged wife.

The court ordered that he must enter into a payment plan in 30 days or the order would be enforced by automatically deducting from his salary.

The judge however said that if the man could prove he had paid rent, the amount would be deducted from his arrears.

Otherwise, as it stands now, the amount of Sh926,450 should be paid within 30 days [or] in default one-third of his salary shall be attached to recover the debt,” the Judge said.

The case between the couple started in 2014 when the woman asked the court to declare the property they owned as matrimonial and jointly acquired.

The court ordered him to pay Sh20,000 monthly in case he was transferred away from their location.

The orders took effect after he was moved to Nairobi but defaulted on the payments.

He argued that their children don’t live with their mother any longer but could not move the judge to dismiss the case.

The woman is staying in her own house, hence she is paying no rent. I am solely bearing the burden of paying school fees for the children,” he told the court.

The applicant has since divorced hence she should pay her own rent now that the children no longer stay with her,” he added.

The wife however argued that she was still considered his wife and the children visit her on occasions.

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