A major in the technical flying unit at Moi Airbase Nairobi has been sued by his wife for the second time for failing to provide upkeep for their three children as previously ordered by the court.
Major Douglas Ole Loina is accused of abandoning his parental responsibilities despite of being a man of means with a well-paying job.
The matter was filed in 2008 after Ole Loina failed to pay his wife Sh 50,000 a month for the upkeep as ordered by the children’s court in 2011.
Major Ole Loina fails to appear in court
The court has experienced difficulty in conducting the matter given that the man in question has never appeared in court and only sent advocates who keep abandoning the case complaining that Ole Loina does not pay legal fees.
Since the matter began the Kenya air force pilot has instructed up to 5 advocates who have since stopped representing him in court.
When the matter came for a mention today, Ole Loina had no counsel to represent.
However, the PS in the Ministry of defense who also failed to appear in court as summoned had an advocate representing him.
The initial court summons required PS to appear in person to show cause why he should not be punished for continuous disobedience of the court orders.
Difficulty in serving DOD
Mrs Ole Loina who is representing her kids in the matter told the court that it has not been easy serving the ministry on behalf of her husband who has been unreachable.
“Serving DOD is not an easy task your honor, it can take up to 2months of persistence to get them accept court papers”, she said.
The court directed that the ministry to attach in court papers 45% of the man’s salary slip before court which is intended for deduction of Ksh.4.2million accrued upkeep, school fees and medical care.
The court heard that on February 13th 2017, a sent a letter to the PS duly informing them of the lapse of the order and asked them to resume the attachment but no response has been forthcoming.
The girls, aged 16, 11 and 9years old respectively are out of school and undergoing extreme hardship and inadequate care as a result of the PS actions.
Marriage and separation
The woman says that they officially got married in 2003 and by the time her husband decided to leave for another woman, she was months pregnant with their last born kid who was later born in the man’s abstention.
Mrs.Ole Loina said that they only separated and there is no divorce in place hence the man should provide for the Kids.
“He left us and got married to a woman who had a kid from another man, though they have since gotten a kid together”, clarified Mrs Ole Laina.
The matter will be mentioned on June 16th 2017.