Environment CS Soipan Tuya has taken her estranged husband to court seeking custody of their two children and Sh425,000 for their upkeep.
Tuya claims her estranged husband treats their children and her domestic workers with cruelty.
In her court papers filed at the Nairobi Children’s Court, the CS claims they have been psychologically, emotionally and verbally abused by the estranged spouse and that’s why she wants full custody of the minors.
“Owing to his abusive and erratic nature, we have been living in mortal fear for our lives,” she said.
She is seeking an order compelling the husband to pay Sh225,000 being 50 per cent of the children’s Sh450,000 school fees.
Tuya is also seeking an order to compel her estranged husband to pay Sh100,000 which is 50 per cent of the Sh200,000 children’s monthly entertainment needs.
She further wants the estranged husband to be compelled to pay Sh100,000 which is 50 per cent of Sh200,000 for the two children’s maintenance.
According to the court documents, the two lived together from December 2 2013. They were in a relationship up until December 2020.
The husband moved out of the CS’s house to go and live with his other wife.
She says since she filed the matter in July, the husband has never filed any response in the case despite serving him with the court papers but he has continued to fail to play his part and only issues her with threats.
Tuya wants the court to issue an order to have the matter certified as ready for hearing owing to the inordinate delay by her estranged lover in entering an appearance or filing his response.
She claims to have filed all the necessary documents and is ready to proceed with the hearing of the matter at the earliest in the interest of justice.
The Environment CS says the husband is a legitimate threat to her well-being and that of her children and domestic workers.
“Despite the plaint being served upon him on September 1 and acknowledgement of receipt, he has not filed nor served me with any documents nor entered an appearance to that effect,” she said.
According to the court papers, the CS says she has been the sole breadwinner of their two biological children.
She claims to have been providing all of their basic needs including school fees, shelter and clothing.
Tuya further claims to have been faithfully paying 100 per cent of school fees, and school-related expenses towards the children at their previous and current schools as well as their full monthly maintenance and upkeep.
“Since our split in October 2020, he has refused to pay any share of school fees for the children despite being able to meet the same,” the court documents read.
The father of their biological children she says has also physically and emotionally neglected the care and protection of the minors.
“In December last year, he insulted me in a text message denying paternity of the two minors, demanding for a DNA test to ascertain his biological connection to the children,” she claims.
In the court papers, she explains how her estranged husband constantly and frequently displays a violent and uncaring attitude towards her since 2014.
“He committed untold physical, emotional and psychological harm on the children and me. He severely intimidated my domestic staff even sexually and physically threatening them on several occasions,” the court papers read.
She says he has throughout the subsistence of their cohabitation manifested total inability and reluctance to communicate
