A man has appealed his conviction to a second six-month civil jail term in two years, for failure to pay Sh250,000 child maintenance.
Mr AA (name withheld) says the Principal Kadhi in Isiolo County, who meted the sentence, erred by punishing him a second time as the amount accumulated while he was in jail.
In an appeal lodged at the Meru High Court, Mr AA says the baby’s mother, who initiated the contempt proceedings, shared the parental responsibility with him so he should not provide for her.
Justice Edward Muriithi ruled that the hearing would be expedited within 30 days and ordered that Mr AA be released until the case is heard and determined.
The court also directed the Isiolo children’s officer to write a report for the child’s possible placement with foster parents due to the couple’s inability or unwillingness to provide for her.
In the February 23, 2023 decision, the Principal Kadhi ruled that Mr AA deserved the second civil jail sentence for contempt of the court, terming him habitually dishonest
“I inherited this matter from my brother Hon Abdulhalim Athman, who proceeded to transfer before which the court had committed the respondent for six months to civil jail. Since I inherited this matter, I had 10 encounters with the respondent vide the proceedings, proving he is habitually dishonest,” the Kadhi court ruled.
Mr AA says he was struggling to pay the maintenance, which he claims is pegged at Sh10,000 per month, and school feels of Sh8,000 per term.
However, the child’s mother maintains that he is a man of means and was merely refusing to take responsibility. She claims the man engaged in a lucrative “foodstuff business with his mother … has five rental houses and a Land Rover … [does] a spare parts business and earns Sh50,000”.
Justice Muriithi said the court would determine whether the man could be jailed multiple times if he continued defaulting.
“There are serious questions to be presented and determined - whether the defaulting parent can be placed in civil jail custody more than once in the event of continuing default; whether the maintenance dues could be imposed on the one parent of a child rather than both parents on shared responsibility; and whether the applicant was in arrears of Sh252,000 at the time of committal to civil jail for the second time,” he said in the ruling.
Justice Muriithi ruled that the matter would be heard on priority basis since the rights of a child are affected and daily maintenance from her parents is required.
“On account of the obvious inability or unwillingness of the parents to provide for the subject child, the court directs the children’s officer, Meru/Isiolo, to consider and file a report for possible placement of the child with foster parents,” he ordered.
