Moi grandson's lawyer: 'Look at my client's appearance, he cannot afford millions for child support'

Former President Daniel Moi's grandson Collins Kibet has been sentenced to jail for seven days. 

Nakuru Principal Magistrate Kipkurui Kibelion has directed that Mr Kibet be committed to jail at Nakuru GK Prisons for disobeying a court order to support his children.

The court has directed the advocate representing Mr Kibet's ex-wife Gladys Jeruto Tagi, to make a tabulation of all the sums outstanding and furnish them to Mr Kibet's advocates within three days for payment. 

"I will mention this matter in seven days to confirm compliance. The court further issues a production order to the Nakuru GK Prison to produce the defendant in court on September 26," ruled Mr Kibelion.

Kibet Moi, who spent Wednesday night in the cells at the Nakuru Central Police Station, was produced before the court to explain why he has failed to provide for his children.

This was after he was arrested on Wednesday following an arrest warrant after dodging the court for seven months.

The Moi's scion went underground immediately after his ex-wife filed a contempt of court proceedings in January 2024, accusing him of failure to provide maintenance for his children, in compliance with the court order issued on June 2, 2022.

Appearing before Principal Magistrate Kipkurui Kibellion, Mr Kibet through his lawyer, Musindi, defended himself against disobedience of court orders noting that he was not aware of the summons.

Mr Kibet told the court that he was never served with the court summons or the warrants of arrest.

“My client’s failure to honor the court orders was never intentional, he has never been served with the notice to show cause and neither the arrest warrant. The lawyer who was representing him disappeared and thus the court should not punish him for the mistake of the advocate,” stated the lawyer.

In addition, the lawyer claimed that Mr Kibet was currently in bad financial shape, which has made it difficult for him to comply with the orders to support his children.

The lawyer noted that Kibet is required to pay millions in arrears and annual support for the children yet he is struggling to meet his needs.

According to the lawyer, Mr Kibet is embroiled in a succession dispute for the estate of his late father Jonathan Toroitich, and his grandfather the former retired head of state Daniel Moi which is still pending before a different court.

Court documents have indicated that Jonathan Toroitich’s estate is worth Sh30 million, while that of Moi is worth over Sh300 billion.

“What the plaintiff is demanding from my client is millions of shillings, but I want to urge the court to look at my client's appearance to discern if he looks like someone who has millions. He would not have spent the night in the cells if he had the money,” said the lawyer.

However, Ms Jeruto’s lawyer, Elizabeth Wangari, reminded the court of the documents presented which proved that Kibet had been served with the documents through his advocate on record.

Ms Wangari maintained that the court had delivered its judgment in 2022 upon considering the submissions of both parties, adding that the current arguments by Mr Kibet were addressed during the hearing.

She urged the court to commit Mr Kibet to a civil jail term for contempt of court orders.

“It was expected that the defendant would have appraised the court on what he had done in compliance with the orders. He was supposed to cater for education, medical cover, and share in entertainment costs. There is, however, no material to show any form of compliance from him,” stated Ms Wangari.

The lawyer explained that the actions of Mr Kibet have seen the children drop out of school for lack of school fees.

The court heard that the first-born child, who is in form one/grade eight, missed school in terms one and two until when the ex-wife was able to raise money in term three.

According to Ms Wangari, the attitude of Mr Kibet proves willful disobedience of court orders which should not be condoned by the court.

The court in its ruling noted that Mr Kibet failed to prove to the court that he had complied with orders and neither did he bother to appeal despite knowing of its existence.

"It's the findings of the court that there is a valid judgment which has never been appealed against. The defendant has also not shown any advance or proposals he has made to satisfy the requirements of the decree. In its absence I shall proceed to enforce the execution of the decree," ruled Mr Kibelion.