R W K v A M A [2015] KEHC 7256 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

HCCA NO. 96 OF 2012

R W K.............................APPLICANT

VERSUS

A M A..........................RESPONDENT

RULING

The applicant and the respondent were unable to agree on what would be a reasonable medical cover for the former and their child K.N. The parties have divorce proceedings before the Kadhi’s court following a successful appeal by the applicant.

The court ordered the parties to negotiate and reach a settlement on the issue. They sat and talked but they could not agree. The respondent offered a medical cover of out-patient of Kshs. 20,000 for the applicant and the child, and in-patient cover of Kshs. 200,000 for the applicant and Kshs. 500,000 for the child. The applicant sought an out- Patients cover of Kshs. 50,000 for both and in-patient cover of Kshs. 1. 5 million for both. The parties addressed the court on these proposals.

There is no dispute that the respondent has another family. He is a captain with [particulars withheld]. I consider that he   has a shared responsibility with the applicant. I take judicial notice of the fact that it is quite expensive to be sick in this country.

Considering all the facts of the case, I order that the respondent provides to the applicant and the child an out-patient cover of Kshs. 50,000 and an in-patient cover of Kshs. 750,000 for both. I make no order as to costs.

DATED at NAIROBI this 29th  day of April 2015

A.O. MUCHELULE

JUDGE

DELIVERED at NAIROBI this 30th day of April 2015

W. MUSYOKA

JUDGE