Judges Orders Man To Pay His Separated Wife Ksh.926k In Rent Arrears

A Mombasa court has mandated that a man pay his separated wife Sh926,000 in rent arrears.

The funds were intended to cover Sh820,000 in 40-month rent arrears and Sh106,000 in 12-percent interest, according to court records.

“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 charged with missing rent payments between August 2016 and February 2020.

He claimed that his wage was below Sh140,000, but the judge ruled that it was sufficient for him to set up a payment arrangement with his ex-wife.

The court mandated that he engage into a payment plan within 30 days or face having the order automatically withheld from his paycheck.

However, the judge stated that if the guy could show that he had paid rent, the sum would be taken out of 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 lady filed a request with the court in 2014 asking for the property the pair held to be recognized as marital and purchased jointly.

In the event that he was transferred away from their location, the court mandated that he pay Sh20,000 each month.

He was relocated to Nairobi once the orders went into force, but the payments fell behind schedule.

He attempted to convince the judge to dismiss the lawsuit by arguing that their children no longer reside with their mother.

“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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