MP Peter Kaluma ordered to clear Sh665,500 fee balance for his child
Homa Bay Town MP Peter Kaluma.
A Nairobi court has ordered Homa Bay Town MP Peter Kaluma to pay Sh665,500 in school fees arrears for a child he fathered with his estranged lover in 2007.
At the same time, the court dismissed the woman's claim for Sh320,000 from the MP for unpaid maintenance.
Milimani Principal Magistrate Elizabeth Muiru ordered the MP to pay the arrears in two instalments with effect from August 30, 2023.
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The magistrate said if Mr Kaluma fails to pay the amount, his salary would be attached. The minor is in high school.
The magistrate, however, dismissed the woman's claim for Sh320,000 in outstanding maintenance arrears for May 2021 and September 2022.
The woman, codenamed M.A.O, had told the court that in an order dated June 12, 2008, Mr Kaluma was ordered to pay monthly maintenance of Sh20,000 and the child's school fees.
The upkeep was for two children while the school fees was for one.
However, the magistrate noted that the maintenance order was set aside by the court in September 2009 and the MP was granted leave to file a defence to the claim.
"Upon the judgment being set aside, the court thereafter granted orders on various occasions for the defendant to provide school fees for the minor. It is thus my considered view that the judgment of June 12, 2008, having been set aside the orders of monthly maintenance are no longer in force. However, there are subsequent orders that ordered the defendant to provide school fees," said the magistrate.
The court found that the claim for payment of maintenance arrears and the attachment of the MP's salary because of the monthly upkeep was unjustified.
Mr Kaluma, in his defence, told the court that he had paid the school fees and stated that he had even paid in excess as he had cleared the whole amount required for the year 2023.
Stating that he was providing for his children, the MP also told the court that he was always in touch with the woman on matters concerning the child and that he had never failed to provide when needed.
Benefit of the child
He told the court that he had made various payments to the woman for the benefit of the child.
Disputing the MP's assertions, the woman provided evidence from the minor's school that confirmed that there were arrears.
She tabled a note indicating that the minor had a school fees balance of Sh56,993 as of March 2023 and another note indicating the balance was Sh81,859 as of April 2023.
M.A.O. contended that she had paid school fees since the minor was in Class Six in 2019 and provided receipts to that effect.
In the ruling, the court observed that the MP did not take any steps to demonstrate that the minor had no arrears in school.
On Mr Kaluma's assertion that he had been deducted Sh74,000 from his salary and transmitted Sh208,100 to the woman through M-Pesa, the magistrate upon perusing the documents, noted that the payslip provided in court was for the year 2014 and that the M-Pesa statement was for the period between 2016 and 2018.
"The plaintiff's claim is for the period 2019 to 2023 hence the onus was on the defendant to make available proof of having paid school fees during the stated period. I find that the defendant has failed to make available sufficient proof. On the other hand, the plaintiff has made available proof of having paid school fees and has demonstrated that the minor has arrears of school fees to date," said the magistrate.
The legal dispute started in 2008 after the woman sued claiming that to have cohabited with the MP since 2003.
