Mother of twins sues minister for upkeep


Published on 02/10/2009

By Evelyn Kwamboka

Housing Minister Soita Shitanda has been sued for upkeep of twins born out of wedlock.

The children, born in 2001 out of a relationship he had with a woman from Eastern Province, landed him in court yesterday on claims that he had failed to exercise parental responsibilities.

The twins, through their mother, are seeking Sh135,000 a month to cater for their food, school fees, transport, medical care and other expenses.

The minister, who is listed as married on Parliament’s official website, yesterday spent more than an hour before the trial magistrate Ms E Mbugua fighting the claim.

When Mr Shitanda realised there were journalists waiting for him at the entrance to the Nairobi Children’s Court, he sneaked out through a back door.

His vehicle, a Toyota Prado whose registration number The Standard is familiar with, had been parked outside the court’s compound. When the minister bolted for the rear entrance, it was driven into the compound and the gate locked.

Housing Minister Soita Shitanda

In the company of his aides, the minister jumped into the car, which drove out of the compound. Shitanda was, however, forced to alight when he saw his ex-mistress arguing with journalists who wanted to take pictures of her.

"I am here like any other father to seek custody of my children," said the minister when this reporter asked what had brought him to the Children’s Court.

Shitanda, who was yesterday responding to a summons issued by the court for him to appear for the hearing, said he is expected back on October 22 when hearing of the case is expected to continue.

In the case, the Malava MP is alleged to have been providing for the children on and off since May 17, 2001. Their mother also says he paid school fees for them on two occasions last year.

The woman is seeking a declaration that Shitanda has parental responsibility over the twins and an order compelling him to exercise and discharge his responsibilities.

She is seeking a claim that the MP maintains the children by providing Sh50,000 school related expenses per child (per term) and Sh60,000 for medical cover.

Shared responsibility

She wants him to also pay per month Sh20,000 for food, Sh35,000 rent, Sh30,000 for clothing, Sh6,000 for utilities (water, electricity), Sh4,000 for a house help and Sh10,000 for the twins’ entertainment.

In his defence filed in court, Shitanda says he has not failed in his responsibilities as a father.

Through Orengo and Company Advocates, Shitanda says he assumed and continues to maintain a share of responsibility over the children. He claims it is the woman who has on occasions rebuffed and hindered his efforts to take care of the children.

The minister says the claim for maintenance does not take into account shared parental responsibility over the children and merely seeks to exploit his apparent status in the society. The MP says his employer, the National Assembly, is already providing the twins’ medical cover.

He is praying that the case against him is dismissed and judgment entered in terms set out in his statement of defence.

The terms are that custody of the children be granted to both parents in the best interests of the minors and a declaration that maintenance and responsibility over the children be shared equally.

Other MPs

He said the responsibilities should be shared based on a fair and responsible assessment of the needs of the minors.

In the alternative, the minister is asking the court to grant him custody of the twins if the woman is unable to provide shelter and accommodation.

Shitanda is among a number of MPs and former MPs being sued for upkeep of children. Those already in court are Labour assistant minister Sospeter Ojaamong, former MPs Lucas Maitha and Oloo Aringo.

 

 

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