Machakos governor Alfred Mutua poses to a photo as he leaves Milimani law court where he is seeking an order to compel Kenya High Commissioner to Australia to assist in bring back the children.
By SMART news team.
MACHAKOS Governor Alfred Ng’ang’a Mutua Thursday sued his wife Josephine Thitu Maundu in a Judicial Separation cause at Milimani law courts, Nairobi.
The couple is fighting over the custody of their Children as Mutua alleges that Josephine went with the children to Australia without his consent. He moved the Family court on November 10.
Machakos governor Alfred Mutua who argues that Josephine’s behavior has caused him a lot of psychological torture, pain and even damage his status in public and if orders to have his three kids back in the country are not issued he will suffer irreparable and damage.
Mutua argues that he learnt that the family booked a one way ticket with an intention of ever coming back to Kenya.
Through her lawyer Elizabeth Mungai, she said that Mutua had knowledge and consent that she was travelling to Australia with their Children.
Mutua in an affidavit filled said: “I learnt that my wife left the country with children in the night of the Wednesday November 5, 2014 while I was away on duty.”
In her replying affidavit, Josephine dismisses the allegations and says that Mutua has in the last two years subjected her into public humiliation adding that they do not live together and has been a bad example to the children.
According to her the two properties in Wetlands and Machakos are no longer their matrimonial homes and were registered in Josephine’s name.
According to the replying affidavit file by the estranged wife, the children are of Australia national having being born in Australia and they even have a home and business in Australia.
Josephine doubts if Mutua is able to look after the children. She agrees Mutua pays school fees for their children but has no capacity to have the custody of the children.
“The statements are based on half truths and falsehoods,” reads part of her reply affidavit.
Mutua disclosed in the suit documents that on November 8, 2014, he held a meeting with lawyers of his estranged wife and agreed to take the Children.
However, she said that, Mutua expressly acknowledged to her decision to travel to Australia.
Josephine says in her response that Governor Mutua has since settled with another woman after abandoning her with their children in 2012.
In her affidavit, she responded that it was not true that they lived together by the time she flew out of the country.
Her lawyer also produced in court documents that say Australia is the families other home having their twin children born there and are Citizens and that their son has a permanent residency.
Their Children were in school and their rights have been infringed, that is according to Mutua’s case.
A distant relative of his wife issued instructions while loading of their households went on. But the tumult in the residence was quelled when he sought Administration police officers to stop anything from being taken out of their house.
It emerged that by November 20, 2014, Mutuas wife could have been barred from travelling to Australia as a permanent resident according to her the response by her lawyers.
Josephin said that their son was asthmatic and the roof top of the house at Westlands was leaking hence needed repairs. She said her plans were to move their belonging to Machakos home when they were stopped.
The Governors wife said that her husband is a bussy politician and had no time for Children. She said, “Indeed, His Machakos office has taken priority over the children,” hence her decision to move with the Children to Australia.
The case goes on Monday next week.