The son of retired President Daniel arap Moi has been exempted from paying Sh90 million alimony to his former wife, Rossana Pluda, whose 22-year marriage was dissolved in 2015.
But former Kenya Army officer, Philip Kipkirchir Moi, will be required to pay Pluda Sh150,000 monthly upkeep until the High Court determines afresh the issue of maintenance.
The marriage solemnised between Philip and Pluda on March 1, 1993 was dissolved by High Court Judge Luka Kimaru on March 10, 2015 on account of irreconcilable differences.
Pluda had accused Philip of cruelty and adultery but he asserted she had deserted the matrimonial home to live with another man.
Philip triumphed last Friday after the Court of Appeal quashed Justice Kimaru’s order to Philip to pay Pluda Sh30 million lump sum as maintenance and to provide her with a house in an upmarket Nairobi suburb or instead compensate her with Sh60 million.
Philip and Pluda have been given 30 days to file in the High Court comprehensive affidavits setting out their means of livelihood, income, expenditure, assets and liabilities supported by supporting evidence.
“The High Court shall accord the parties a hearing before pronouncing itself on maintenance,” Appellate Judges Hannah Okwengu, Daniel Musinga and Gatembu Kairu said in their judgment.
They said Justice Kimaru was entitled to draw an adverse inference against Philip for failure to furnish the court with information regarding his financial status.
“We are unable to find any evidence to support the conclusion by the judge that Philip embarked on an elaborate scheme of transferring his assets when Pluda commenced divorce proceedings with a view to keeping them out of reach,” said the Appellate Judges.
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