Philip Moi asks court to declare him bankrupt

Philip claims that he depends on relatives for upkeep and is also unable to pay his debts. Photo/FILE

Former President Moi’s son Philip has filed for bankruptcy.

And a judge has granted him temporary orders stopping any claims and debts from being lodged against him.

Justice Joseph Mutava granted the orders after the Attorney General presented a report on Mr Philip Moi’s financial affairs.

Mr Moi is currently embroiled in a messy divorce and maintenance legal battle with his estranged wife Rosanna Pluda, and recently escaped serving a month in civil jail for failing to pay family upkeep as ordered by the court.

On Thursday, the judge suspended any claims against Mr Moi until the bankruptcy suit filed on May 25 is determined.

Following the issuance of the court orders, the next step is a meeting where all the creditors will appear and lay claims on how much they are owed.

The court will thereafter hold a hearing to ascertain the debt and decide whether Mr Moi should be declared bankrupt.

In the petition, the retired president’s son says he depends entirely on relatives and well-wishers for upkeep.

Describing himself as a retired soldier in the suit filed at the Milimani Commercial Court in Nairobi, Mr Moi says that he is unable to pay debts, including Sh7 million maintenance to his estranged wife.

He also owes a Mr A Patel Sh5 million and is unable to raise Sh800,000 for legal fees.

“He is categorical that he is completely unable to pay the money,” says Mr Jared Sala, a state counsel who filed a report on behalf of the official receiver.

Justice Mutava ordered that a receiver be constituted to take charge of the estate.

An interim report filed in court indicates that Mr Moi, who lives in the exclusive Muthaiga suburb, does not own even a house.

“The debtor claims he has no property. The house he lives in is owned by his extended family,” says Mr Sala’s report filed on May 25.

Mr Sala added that Mr Moi had fulfilled the requirements of the official receiver because he had filed his petition and the statement of affairs.

He got a certificate of compliance after payment of Sh20,000 for the official receiver’s expenses.

“I pray that he be granted receiving orders,” Mr Sala told the court.

Mr Moi states in the application that he has tried his hand in business and farming without success.

He has been involved in a lengthy legal battle with his wife who instituted a divorce case in December 2008. The divorce case is yet to be determined.

Ms Pluda seeks the dissolution of the marriage, custody of their two children, as well as school fees for both children. Mr Moi is also seeking custody of the children.

Mr Moi has also been sued by his estranged wife for failing to pay money for her upkeep and their two children as directed by the court.

Earlier this year he narrowly failed to serve a term in civil jail over the maintenance arrears.

On February 17, High Court Judge GBM Kariuki ordered that Mr Moi be arrested and jailed at Industrial Area Prison for one month unless he paid all maintenance owed to Ms Pluda.

However, the police failed to act on the order. Mr Moi checked into hospital pleading illness and the arrest order was eventually lifted.

The arrears date back to May 24, 2010 when the High Court ordered Mr Moi to pay his wife a monthly upkeep of Sh250,000 when she was living with the children.

The amount would be reduced to Sh150,000 once the children were in boarding school

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