ELDORET, Kenya — An Eldoret court has ordered police at Jomo Kenyatta International Airport (JKIA) to arrest a Kenyan nurse based in the United States upon his return to the country over alleged failure to comply with court-ordered child support payments.
Senior Principal Magistrate Cheronoh Kesse issued the warrant in a long-running child maintenance dispute involving Noah Kibet Mutai and his former wife, Nancy Jemutai Samoei.
The court directed the Officer Commanding Station (OCS) at JKIA to arrest Mutai immediately upon his arrival in Kenya and present him before the Eldoret court to answer contempt of court proceedings.
Court Cites Failure to Comply With Child Support Orders
According to court documents, the dispute stems from orders issued on July 17, 2024, requiring Mutai to pay Sh20,000 every month towards the upkeep and welfare of the couple’s daughter.
Nancy alleges that despite the court directive, Mutai failed to honour the payments, leaving her to single-handedly cater for the child’s financial needs.
She told the court that after Mutai relocated to the United States for employment as a nurse, he allegedly abandoned his parental responsibilities, forcing her to move from their matrimonial home to her parents’ residence in Kapseret.
Paternity Dispute
The case was further complicated after Mutai challenged the child’s paternity.
According to court filings, a court-sanctioned DNA test conducted in 2024 established that Mutai is the biological father of the child, identified in court records only as A.M., who was born on August 16, 2023.
However, Mutai has disputed the results, alleging that the DNA findings were manipulated. He has since filed an application seeking a fresh, independently supervised DNA test to determine the child’s paternity.
Contempt Proceedings
The latest court order follows claims that Mutai failed to comply with the maintenance orders despite the earlier ruling.
The magistrate directed that he be presented before the court upon his arrival in Kenya to answer allegations of contempt of court.
The court is expected to issue further directions once the respondent is brought before the court.
Legal Context
Under Kenyan law, parents have a legal obligation to provide financial support for their children regardless of marital status. Court orders relating to child maintenance remain enforceable unless varied or set aside by a competent court.
A finding of contempt of court may attract legal sanctions if the court determines that a party deliberately disobeyed its lawful orders.