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Question
I was married[customary] for 12 years and got 2 sons until 2011 when my husband chased me away from our matrimonial home and brought in another wife. Surprisingly the woman started by sending me abusive texts after which we fought very bitterly with my husband when i asked him why he allowed his concubine to be abusing me because she had been sending me texts for a long time. After the big fight my husband took me to police and accused me of maliciously damaging his car. I was released on Ksh.1m bond!!!After this he sent me away and i have been living with my kids in a rental house as he lives in our matrimonial home. He has only been paying the kids fees and nothing more. I have persevered until i am tired now. I need assistance to compel him provide upkeep for his children.
My case is quite complicated because he has money [He is a county assembly representative in Kakamega and a contractor at Mumias Sugar Company] and is always bragging that his money can buy him freedom anywhere.
I have lived all this while in silence because even when he took me to police after we fought in 2011 he bragged of compromising some CID officers among them a Mr. Muchia [DCIO, Mumias then] and the magistrate, a Mr. Makori[by then]. This can be proven because of the high bond i was asked to pay to be freed. He later own withdrew the case due to guilt and shame.
I have copies of the court proceedings and bond which i can submit to you if i can get assistance.
Thanks,
Rachel

Answer
Hi Rachel

Thanks for your email and sorry to hear about your situation.

Malicious Prosecution - that is one area you can sue your husband for and the court can award you handsomely for compensation.

Maintenance - You can apply to the court for orders that he maintains children.

Alimony - You can make an application to court for your maintenance - pending separation and after the separation.

Send the Court proceedings and bond to me - mwairimum@yahoo.co.uk then I can advise you further.

Where were you living when the breakup of 2011 happened?

Is he still a county assembly rep in Kakamega?

Does he have assets etc to attach?

Let me know.

Maggie.

Kenya

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Margaret Kariuki

Expertise

I can answer most questions relating to civil law in Kenya. This includes Family Law, Commercial Law, Immigration and Conveyancing.

Experience

Legal Issues in Kenya Divorce Procedures Marriage Procedures Adoption in Kenya Trademarks in Kenya Work Permits in Kenya Custody of Children in Kenya Company Registration in Kenya Registering and Winding Up of Companies in Kenya Conveyancing in Kenya UK Immigration Law

Organizations
Kenya Law Society

Education/Credentials
Advocate of High Court of Kenya Masters in Law (London School of Economics) Bachelors in Law (University of Warwick)

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