Kenyan men are an unhappy lot after the Supreme Court refused to hear a case filed by one Michael Munro who had been directed to continue providing for his ex-wife by the Court of Appeal.
Munro sought to stop paying for his ex-wife's upkeep since they do not have a child together but the Supreme Court declined to hear the appeal on grounds that it has no jurisdiction.
According to the bench led by Chief Justice David Maraga, Jackton Ojwang’, Njoki Ndung’u and Smokin Wanjala, the case was a family issue.
The court added that the main issue of contestation has always revolved around the award of alimony and at no stage has it transmuted into a constitutional question.
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Most men had pegged their hopes on the case that would have set a precedent in the contentious issue of divorce.
Court papers showed that the two got married on May 31, 1997, in England and were both were going through a second marriage.
They lived and cohabited at various places in England until 2007 when they relocated to Kenya and settled in Kilifi.
Trouble started in March 2009 when Mr Munro left for England to attend a wedding but never returned.
Ms Munro accused the former husband of reneging on the payment of her maintenance, welfare and upkeep.
She argued that whereas he is a Kenyan by birth, she was a housewife and a British citizen staying in Kenya and needs Ksh 250,000 per month for upkeep.
This, she justified by saying, she has no work permit and cannot get employment
Munro accused her former husband of denying her money despite the fact that he is rich.
In his defence, Mr Munro told the court that his ex-wife refused to go to England and has instead decided to stay in Kenya on a permanent holiday.
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