Nairobi — Philip Moi’s wife Rossana Pluda has filed for divorce, accusing her husband of adultery and cruelty.
Rossana claims Philip Kipchirchir had a three-year affair with a married woman named Jane Ondieki, from 2001 to 2003.
But the son of the former President in turn accuses his wife of adultery and cruelty, claiming she had an affair with a single man called Jomo Gecaga.
In the divorce case number 154 of 2008 which was filed on 24 December 2008, Rossana seeks the dissolution of the marriage, custody of their two children, as well as school fees for both children.
In addition, she seeks a monthly maintenance fee of $6,000 (Sh450,000) or an alternative of $1 million (Sh75 million) to be paid into a trust account for the upkeep and maintenance of herself and the children.
Philip and Rossana were married on March 1, 1993 in Nairobi. They lived together on Tchui Road in Muthaiga Estate, and got the two children in 1993 and 1995.
Rossana describes Philip in her petition as a “businessman who has interests in property development and is a company director of numerous companies.” She accuses Philip of verbally abusing her on several occasions in the presence of their children.
She claims that Philip is a habitually becomes violent to her and their children when drunk.
Rossana says in her affidavit that Philip ejected her from their matrimonial bed on or about 2006 and she has since not been intimate with him, leading to emotional distress.
The wife further claims her husband has refused her friends to visit her, causing her to lead a lonely and miserable life without any social connections.
She accuses Philip of hitting his son severally when drunk.
Other allegations include refusal to give her money for housekeeping leading to her borrowing from family and friends, refusing to take his daughter to hospital when she was suffering from stomach cramps and refusing to let her or their children use any of his five “expensive” cars.
Further, Rossana claims Philip has threatened to shoot her should she leave him.
She said that despite several of her attempts at reconciliation, Philip has persisted in his cruelty.
But in his replying affidavit filed with the High Court on February 6, 2009, Philip says: “Save that I am a Kenyan citizen and a businessman, I deny that I am a property developer or that I am a director of numerous companies as stated by the petitioner in paragraph 5 of her affidavit.” He denies committing adultery or being cruel to his wife. He claims that she left the matrimonial home on her own volition and that she was the one who committed adultery.
“The petitioner (Rossana) has had and continues to have an adulterous affair with Jomo Gecaga, a single man,” he states.
Philip claims that Rossana has on several occasions been verbally abusive towards him in the presence of their children thereby causing him mental anguish.
“The petitioner has neglected me and the children by being more concerned with her own welfare and well being than that first of the children and mine,” he says.
He adds: “The petitioner spends and continues to spend most of her time with the names lover and her friends to the detriment of the children, thereby, causing me and the children mental anguish.” Philip accuses his wife of deliberately neglecting her children’s welfare, safety and education needs.
He says no reconciliation was possible because of his wife’s continued adultery and cruelty.
Philip also wants the court to grant him custody of the children.
“I am apprehensive that the safety, well being and education of the children will be affected if custody, care and control is granted to the petitioner because of her adultery and cruelty. The petitioner can be granted limited access,” he says.
Philip adds that he has been staying with the children since 1993 and their safety, welfare and education have been well looked after without any assistance from their mother.
He says Rossana is not entitled to $6,000 a month for maintenance “because she is being looked after by her lover”.
He wants his wife’s request for maintenance not to be granted.
Philip is represented in the case by Guram and Company advocates while Rossana is represented by Ransley MC Vicker & Shaw advocates
Source: Nairobi Star
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