EKK V PKM [2009] KEHC 2138 (KLR)
- Court
- High Court of Kenya
- Case number
- 2138
- Citation
- [2009] KEHC 2138 (KLR)
- Decided
- 16 July 2009
The court grants the application for committal of the Respondent to civil jail for a period of one month unless he pays the claimed sum of KShs. 675,000 within 15 days from the date of the order. If the payment is not made, the order of committal will issue without further application.
Facts
The Petitioner, EKK, sought an order for the Respondent, PKM, to be committed to civil jail for non-payment of arrears of maintenance of KShs. 675,000 from December, 2007 to January, 2009. The Respondent was served with a decree nisi with penal notice on March 19, 2008, and the outstanding maintenance was KShs. 675,000 as of January, 2009.
Issues
- Maintenance arrears
- Committal to civil jail for non-payment
Reasoning
The court rejected the grounds of opposition based on specific provisions of the Civil Procedure Rules, as matrimonial proceedings have their own procedures. The Respondent was duly served and has defaulted in compliance with the court order.
Outcome
Granted
Orders
- Committal of the Respondent to civil jail for a period of one month unless he pays the claimed sum of KShs. 675,000 within 15 days from the date of the order.
- Payment of costs of the Application
Remedies
- Committal to civil jail for a period of one month unless the Respondent pays the claimed sum of KShs. 675,000 within 15 days from the date of the order.
- Payment of costs of the Application
Authorities cited
Legislation (2)
- Matrimonial Causes Rules
- Civil Procedure Rules
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