Daniel Mutua, a US-based engineer, has sued his ex-wife, a nominated MCA in Kitui County, for child support.
Mutua, who works for Delta Airlines, wants the MCA to be ordered by a US court to support their three children.
He has filed a lawsuit in Kenya, with a hearing scheduled for May 20.
According to court records, Justice Charlene M. Elders of the Circuit Court for the County of Wayne in Michigan, US, issued absolute divorce after invalidating the marriage on February 6, 2020.
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They had met and married in the United States previously.
Justice Elder barred either party from receiving spousal support, but decided that their three children receive collective child maintenance in accordance with child support guidelines.
Mutua was also given custody of the couple’s three children by Justice Elders until they turn 18.
Mutua filed a civil suit HCCC/E259/2021 at the High Court in Milimani in December, seeking orders requiring his estranged wife to pay child support.
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Simon Mburu, the plaintiff’s counsel, is also seeking summary judgment to enforce MCA’s child support orders.
Mutua wants the MCA to be compelled to pay child support arrears as an incurred civil liability, including $1,510 (Sh172, 155) per month for each of the three children, a notice of motion shows.
He wants an additional $11,919 (Sh135,786) a month for two children and $767 (Sh87,446) for one child.
Mutua asked the court to accept the foreign court’s decision and have it executed as a civil debt and enforced in accordance with Kenyan law.
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Despite receiving notice of the US court’s decision, he claims the respondent has declined to make any effort to pay child support.
He claims that his ex-wife has neglected to file her defense despite being served with summons and filling out a memorandum of appearance dated December 6.
Mutua claims that the respondent’s inaction has caused him suffering and is hence requesting the court to approve his prayers.
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