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Dear Harold,
My elder sister’s marriage was embroiled in several family disputes before it finally hit the rocks and ended up with a separation in court. However, her separated husband has refused to let go and has been a constant bother to her. For instance, he walks into her house unannounced when drunk and demands to see the children during school days despite court directives setting specific timelines on when the children can go to his place – alternate weekends. He also wants my sister to move back in with him, which she is against. Is there a way that my sister can stop his advances and unbecoming behaviour in contempt of court directives?
Belinda, Nairobi.
Dear Belinda,
It is possible for your sister to put a check on her separated husband. If they were judicially separated – separation following a court order – then her husband is in gross contempt of the directives and could spend six months in jail. Alternatively, she can seek the services of an advocate of the High Court of Kenya with a valid practising certificate to assist her in obtaining a restraining order. Legally, the order will stop her separated husband from hounding and making advances to your sister. Furthermore, the orders may also keep him away either temporarily or permanently. Should he persist after being issued with the orders, he would either be in contempt of court and serve six months in prison – without the option of a fine – or the court shall offer an alternative penalty.
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