BY SAM ALFAN.
The court has overturned a decision requiring former President Moi’s son Philip to pay his estranged wife Sh90 million.
The Court of Appeal last Friday quashed a high court decision requiring Philip to pay his former wife Rossana Pluda Sh30 million lumpsum as maintenance and buy her a house in an upmarket Nairobi suburb or compensate her with Sh60 million.
The court ordered Philip to give her a monthly upkeep of Sh150, 000.
Court of Appeal Judges Hannah Okwengu, Daniel Musinga and Gatembu Kairu also directed the case be returned to the High Court for a fresh determination.
Philip married Pluda on March 1, 1993.
Their marriage was dissolved by High Court Judge Luka Kimaru on March 10, 2015 on account of irreconcilable differences.
The two have now been given 30 days to file in the documents setting out their means of livelihood, income, expenditure, assets and liabilities.
“It is not clear to us the basis upon which the court ordered Philip to purchase a house or pay Sh60 million to Pluda after having ordered him to pay Sh30 million as maintenance,” the judges ruled.
The judges said they were also not persuaded that Philip intended to provide rent in addition to a house when he offered to make a lumpsum payment and purchase a house for her.
The move by the court, the judges said was a duplication of relief.