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Supreme Court to issue landmark ruling on spouse maintenance

One of the key contentions will be whether men should pay for the upkeep of women capable of sustaining their lifestyles upon divorce/FILE

NAIROBI, Kenya, May 4 – The Supreme Court will next Friday make a land mark ruling on whether a spouse can continue supporting a partner who is well-off financially after a marriage ends.

One of the key contentions will be whether men should pay for the upkeep of women capable of sustaining their lifestyles upon divorce.

The top court will also determine if it is discriminatory for men to pay maintenance to an estranged woman even when they did not sire children with her and whether women should enjoy the men’s upkeep after divorce or separation while their own monies are saved or invested.

The ruling will come following the hearing of a dispute between a British couple-Charles Michael Angus Walker Munro and his former wife, Pamela Ann Walker Munro.

According to the man, it is not equitable and fair for his former wife to get upkeep money from him, as she has a means of earning a living.

He had earlier told court that his estranged wife has a house in England worth Sh34,474,500 which fetches Sh149,000 rent monthly, and earns a monthly pension of Sh44,127.

Chief Justice David Maraga and Justices Jackton Ojwang’, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola heard that Walker also owns luxury cars and boats.

He further claimed that she can secure a job because she is still energetic and has been living in their matrimonial home in Kilifi, where she does not pay rent.

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