CS Soipan Tuya Sues Husband, Demands Ksh525,000 & Custody Of 2 Children

Environment Cabinet Secretary, Soipan Tuya has filed a lawsuit against her husband claiming that he has been physically, psychologically and emotionally abusive to her, their two children and her domestic workers.

According to court documents obtained by Viral Tea, the CS, through law firm Daniel Ondabu and Company Advocates, lamented that owing to the abusive and erratic nature of her estranged husband, Stephen Ole Kudate, she, her children and the domestic workers have been living in mortal fear of their lives.

Tuya therefore wants the Children's Court based in Nairobi to issue an Antimolestation/Protection Order in favour of the aforementioned parties against Kudate, who is a former Majority leader of the Narok County Assembly.

"That this Application be certified as urgent and service of the same be dispensed with in the first instance. That owing to the Respondent's inordinate delay in entering appearance and or filing his response, the matter be certified as ready for hearing and dispensed with at the earliest in the interests of justice and safety and well-being of the Applicant her, children and domestic workers.

"That direction be given herein as to the date and time and place of hearing of this cause. That the costs of this application be in the cause," read the notice of motion in part.

The CS further expressed her willingness to proceed with the hearing of the matter at the earliest in the interest of her children.

She further expressed a strong belief that Kudate is a legitimate threat to her well-being, that of her children and domestic workers, thus the orders ought to be granted in the interests of justice.

According to the CS, the relationship with her husband was frustrating because of the continuous refusal of the her husband to take responsibility towards upkeep and maintenance of the children as well as various incidences of violence, abuse and infidelity.

She said that she has been left as the sole bread winner, providing all of the children's basic needs including food, shelter, education and clothing.

"The defendant has instead adopted a very casual approach to the financial needs of the children, contributing nothing to school fees, clothing and other basic needs," she noted.

In her supporting affidavit, Tuya lamented that despite service of summons upon Kudate on September 1, 2023, and acknowledgement of receipt of service by him, Kudate has not filed and nor served her with any documents nor entered appearance to that effect and instead continued to issue threats against her.

She also accused Kudate of failing to file or serve her with any documents and not entering appearacne to that effect, thus continuing to pose a threat to her safety as well as that of her children.

Tuya therefore wants the court to grant her actual, primary, physical and legal custody, care and control of her two children as well as further orders for Kudate to have limited but reasonable supervised visitation rights and access over the two minors, in the event the court is constrained to grant access and or visitation.

"The presence of the Plaintiff and or a trusted adult member of the family as chosen by the Plaintiff at all times during the Defendant's such supervised access for the safety of the minor children and the Plaintiff's assurance of the minor children's safety," added the documents.

She also wants the court to compel Kudate to pay Ksh225,000, which is half the amount of the school fees (Ksh450,000) needed for the two children.

Tuya also wants Ksh100,000 for the children's monthly entertainment needs, which is half of the Ksh200,000 for the same.

She is also seeking another Ksh100,000 to cater for the expense of maintaining the children and upkeep. 

"That the Court be pleased to issue a permanent injunction directed to and restraining the Defendant herein either by himself, his servants or agents from abusing the plaintiff and their children physically, emotionally, verbally or insulting, ridiculing and issuing threats of whatever nature by any means to the plaintiff and their children or interfering with her work place or any other place of work that she may be engaged and any place she resides or may reside, from going near or calling the plaintiff or interfering with her life," added part of the court documents. 

She also wants a permanent injunction issued against Kudate, either by himself, servants, agents and or/or representatives from accessing her and her children's peaceful enjoyment of her properties namely: residential houses in Kileleshwa Estate, Karen Estate in Nairobi,Naroosoru, Narok South; all being the Plaintiff's residences.

Tuya also wants the court to issue a permanent Antimolestation Order/Protection Order/Non-molestation Order directed to and restraining her estranged husband from accessingher homes, children's school or anywhere else except as shall be designated and supervised by the court.

Furthermore, she wants the court to order Kudate to pay the costs of this suit. 

Kudate was yet to respond to the lawsuit at the time of publishing, coming after they split in October 2020.