Kenya defence forces flag.
BY SAM ALFAN.
A Warrant of arrest has been issued against a Military Colonel Stationed at Department of Defense (DOD) for failure to appear in court over an upkeep case.
Senor Resident Magistrate Derik Kuto of the children court issued the warrant on April 19, 2016 against Leonard Morimba Makunga for failure to pay a woman over Sh312, 200 as an upkeep of the two children they sired together.
“Unless Makunga pays Makena the sum of Sh312, 200 as noted in the margin, together with executing officer’s expenses fees, the respondent will be arrested,” said Kuto.
Through Lawyer Alex Masaka, the woman claims that the army chief has refused to take care of their two children.
She filed an upkeep suit in 2013 and swore an affidavit claiming that he is denying paternity in the case to buy time and defeat the ends of justice which is not in the justice of the two minors.
“In the year 2009 I agreed to have a child with Makunga after prolonged persuasions and pleas, and after he confessed to me that he has been married for over twenty years with his wife and never blessed with a child,” said Makena in court documents.
Makena added that after this incident, he was so happy that he moved her to another house at Rongai in Nairobi where he was paying her rent. The firstborn was born on 22/3/2010.
She added that by the time the defendant was leaving for the United Kingdom she was already few weeks pregnant then he deposited Sh100, 000 at her account on August 12, 2011.
Makunga in his affidavit to the allegations claimed that Makena was threatening his family, a fact that she denied claiming that it is not easy to threaten a military family.
Makena also claims that she is only fighting for the upkeep of her children and their rights. She claims that during his time out of the country the defendant used to send money for the upkeep of the children even through MPESA Accounts.
Makunga denied being served with the summons from the children’s office but Makena claims that the same was sent to his email account that he used to communicate with while in UK.
When he visited Nairobi, Makena says, he even bought shopping for the children. By the time the woman swore this affidavit the second girl was sick and Makunga did not bother.
She claims that the defendant used to send Sh30, 000 for rent and the children are used to that life. She said that after some time the man changed and told her to spend the money she was getting from a small MPESA shop for upkeep.
Makena also claims that this was against what they had agreed together with the first wife and the man that he would be sending her money for the upkeep.
The magistrate directed that the military chief be arrested by the legal department of defense (D.O.D) of Kenya defense.
