The estranged husband of Environment Cabinet Secretary (CS) Soipan Tuya may soon have to part with over Ksh425,000 every month if the child upkeep suit filed against him is approved by the courts.
In her court papers filed at the Nairobi Children's Court, CS Tuya claims she cohabited with her former lover Stephen Saiburu Kudate for close to seven years from December 21, 2013, until October 2020.
In her affidavit through Lawyer Clarence Ondabu, CS claims that from the relationship, she got pregnant twice and was blessed with two children.
She adds that following the disconnection, Kudate consequently moved out of her home in Motorok village in Narosura, Narok South and went back to live with his wife in Narok.
Tuya claims her estranged husband treats their children and her domestic workers with cruelty.
She adds that 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,” Tuya says.
The CS now wants the court to compel him to pay Ksh225,000 being 50 per cent of Ksh450,000 school fees at Rusings School for the two minors now aged 9 years and 4 years.
"l also seek an order compelling the Defendant (Kudate) to pay Ksh100, 000 being fifty (50%) per cent of Ksh200,000 being the minor children's monthly entertainment needs and further order compelling Ksh100, 000 being 50 per cent Ksh200,000 being the expense of maintaining the minor children and upkeep for the minor children," she states in court papers.
According to Tuya, Kudate, who is a politician in Narok County has throughout shunned his parental responsibilities.
The CS says that she is frustrated by the continuous refusal of her estranged lover to take responsibility towards the upkeep and maintenance of the children as well as various incidences of violence, abuse and infidelity.
She noted that she has been paying all bills.
Tuya adds that since the onset of the relationship and split in October 2020, the defendant has failed, refused and/or neglected to pay any share of school fees and school-related expenses towards the children despite being able to meet the same.
She reveals that she has at all material times, faithfully paid 100 per cent of school fees and school-related expenses towards the children at their previous and current schools as well as full monthly maintenance and upkeep of all the children.
"During and after subsistence of the cohabitation, CS Tuya, a mother to the two children has been the sole breadwinner, providing all of the minor's basic needs including, food, shelter, education, clothing and medical expenses as well as actual custody, care and control over the children," Lawyer Ondabu states.
The CS says that Kudate has instead adopted a very casual approach to the financial needs of the children contributing nothing to school fees, clothing and other basic need.
"it is as a result of the defendant's failure to pay any share of school fees, school-related expenses, maintenance, upkeep and; incessant abuse, threats, intimidation and infidelity that the plaintiff seeks this Honourable Court's intervention on matters custody, care and control of the children," CS Tuya says.
The Environment CS noted that the ex-husband is a legitimate threat to her well-being and that of her children and domestic workers.
Further, she disclosed that since she filed the matter in July, her baby daddy 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.
“Despite the suit papers 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,” the CS said in court papers.
"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 added.
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.
According to the CS, she has even reported the threats to Hardy police station.
Tunya now also seeks the court to issue anti-molestation and or protection orders for her, children and domestic workers
