A German investor operating a tour company is seeking to access over Sh5 million from his bank account after his wife obtained orders to freeze the accounts over alleged child support dispute.
Frank Michael Kraft said that his wife Mary Wanginda Kraft with whom they have an eight years old daughter had obtained orders freezing his business and personal accounts at I n M bank.
Kraft through his lawyer Daniel Ngonze said that he is in dire need of Sh5 million for honoring bookings made by his company MS Xcellent Wildlife Paradise Holiday and Safaris.
“It is therefore imperative that the court grants leave to Kraft to immediately withdraw USD 50, 000 from I n M bank. The bank account is in funds of USD 70, 119. No prejudice shall befall the minor should the orders sought to be granted,” said Ngonze.
Kraft said that his ex-wife sued him and wants him to deposit three-quarters of the amount in his accounts to his daughter’s account to ensure her future stability.
Wanginda is seeking Sh 282, 000 monthly stipends towards catering for their daughter’s school, health, food, clothing, house help and rent, utility and security.
Wanginda has accused Kraft of leaving their matrimonial home and going to live with his mistress.
“The Defendant Kraft has since moved out of our home to Mtwapa and reneged on the monthly security payment and I strongly believe that he might cease paying the rent altogether. He is not very supportive of the care of the child and only intermittently sends money for rent as well as little support when pressed hard,” said Wanginda.
She said that Kraft is involved in a bigamous relationship with his mistress whom he has paid for dowry during a traditional wedding.
On November 3 2019 Senior Resident Magistrate L.K Sindani of Tononoka children’s court issued temporary orders suspending Kraft from transacting and withdrawing any money from his two bank accounts at I n M bank.
The magistrate also restrained Kraft from visiting the matrimonial home in the posh residence at Nyali where his daughter lives pending hearing and determination of the application.
Kraft is also restrained from leaving the country pending the determination of the case.
“A temporary injunction is hereby issued restraining Kraft from leaving the jurisdiction of the Republic of Kenya pending the hearing and determination of the application,” said Sindani.
Kraft said that he has never been served with any pleadings or attendant process concerning the said proceedings before the children’s court.
“I was only informed by my bank’s branch manager of the orders stopping me from withdrawing money from my personal and business account when I visited my bank at I n M on February 14, 2020,” said Kraft.
Kraft said that the orders by Sindani were defective as they were made against an entity that is not a party to the suit.
He said the orders were made in respect of accounts other than that held by him.
Kraft said that there was no evidence presented to prove that there was an accrued debt in favor of his ex-wife.
He said the magistrate lacked jurisdiction to stop him from visiting his daughter’s residence which is also their matrimonial home.
“There is no evidence of any previous harm or future potential harm to the child by Kraft as a result of accessing his residence,” said Ngonze.
Ngonze said that the orders were ordinarily made at the ex-parte stage of proceedings without affording Kraft fair hearing.
According to Kraft, they were legally married on November 27, 2010, under civil law and later established a matrimonial home in Nyali and an office and were blessed with a daughter.
He said in 2011 after the marriage broke down, he vacated the matrimonial home in 2011 after the marriage broke down. He, however, argues that he has maintained cordial relations with the wife and daughter.
“I have always maintained a cordial relationship with the plaintiff and the minor by remitting funds in respect of the minor’s basic, educational, medical, recreational, utility and security needs to the plaintiff for onward transmission to the requisite entities in demonstration of my parental responsibility,” said Kraft.
He said that he maintained a registered office in respect of his travel and tour business M/S Xcellent Wildlife Paradise Holiday and Safaris and that he has been in Kenya since 2002 and has run his tour business from 2006 to date.
Kraft said that he has always single-handedly catered for his daughter since birth without any input from his ex-wife.
He denied ever being violent towards his wife and daughter and said that the issue was about unfaithfulness.
“The plaintiff’s motivation in lodging her instant claims is purely for self-gratification and self-aggrandizement as she seeks orders in respect of bank accounts other than my account,” said Kraft.
Ngonze said that the order by the magistrate was defective and erroneously given based on misrepresentation, malicious non-disclosure of material facts and outright falsehood under oath.
“The order ought to be set aside in its entirety with requisite punitive action meted against the plaintiff,” said Ngonze.
He said through a consent recorded in February 25 2020, the court allowed Kraft to withdraw sh. 3 million from one of the accounts and allowed to access his office between 3:00 PM and 5:00 PM while under the escort of the court bailiff.
Ngonze said that the court had also granted the two to engage in Alternative Dispute Resolution (ADR) and revert to court on March 5, 2020, but it has failed.
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