‘Broke’ rugby coach Ayimba unable to pay for children upkeep
Friday, February 14th, 2020
Former National Rugby Sevens head coach Benjamin Ayimba has failed to comply with a court order to pay school fees of two children he sired saying he is financially broke.
In his replying affidavit in a suit where his estranged wife Frabrica Awuor has sued him over the maintenance of their two children who have been out of school since 2018 to date, he says that he can not meet the Sh 150,000 school feels requested as he has been having financial difficulties.
"I have been in between jobs not earning enough to sustain myself, family and undergoing some financial turmoil and difficulties," says Ayimba who is currently the assistant coach of Kenya Harlequins.
The coach informed the court that he is currently working as an assistant coach at Kenya Harlequins Rugby Football Club where he earn an allowance and stipend of Sh 40,000 per month and can not afford to pay the school fees amount being sought by his estranged wife.
Further, Ayimba informed the Nairobi children's court that he cannot afford to pay Sh 50,000 as monthly rent and and Sh 100,000 as two months deposit for the children but can carter for their medical expenses.
"l can only be able to take care of the school fees at a school l can afford monthly maintenance of Sh 8,000 to Sh 10,000. I can take care of the children's medial care as well but not housing, " says Ayimba in his court papers.
The court has however granted Ayimba one week to comply with the orders issued in December last year to pay school of the minors before February 20,2020.
"There is an interim order on record for Ayimba to pay school fees and other related expenses for the children. l direct that the parties take strictly one week to find options for the minors schooling,"order the magistrate.
A document filed in court by the 43-year-old Ayimba has denied claims by the mother of his kids that they were married.
Ayimba says that he is married to Caroline Waswa under civil marriage since the year 2010 and denied Awour claims. He terms the claim by the mother of his two children as fabricated and falsified assertions by her.
"My union with Caroline Waswa bore two children, 13 years and nine years old respectively and they are fully dependent on their mother as I have been in between jobs and facing some financial hard times", says the coach.
Ayimba told the court that he is currently separated with his wife Waswa who he even presented a 2011 marriage certificate, but noted that they were on reconcilable differences but on talking terms leaving in separate location.
He added that the woman claiming to have sired children with him misled the court and he has never been married to her neither conducted himself in a manner to suggest that they have been husband and wife with her.
Further, the coach claim he is living with his biological parents in Greenfield estate around Donholm before her relocation in 2016 to Sunset Boulevard Estate in Athi River where he has been paying her monthly rent and meeting the daily subsistence for the two year old.
“I have provided my two children with the mother diligently and to the best of my ability made sure they were comfortable to the extent of purchasing a motor vehicle for the applicant a Mercedes Benz C200 model,” said Ayimba.
The response by Ayimba comes after the mother of the children Awour moved to court on December 23, 2019 claiming Ayimba had absconded his paternal duties.
This prompted the family court to issue an order directing Ayimba to pay school fee of the two children pending hearing and determination of the matter which Ayimba has failed to comply.
"That Ayimba Benjamin Otieno to cater for minors schools fees and school related expenses pending the hearing and determination of the matter," ordered resident Magistrate Maureen Wanjiru Kibe.
In her application, the mother of the minors claims that Ayimba deserted her and the children early 2018 and has refused to provide any form of maintenance knowing fully well that she forced her to quit her job.
Awuor avers that Ayimba who is in the gaming and printing industry, is capable of adequately providing for their two children.
Awuor is seeking from Ayimba Sh150,000 being one-month rent (Sh50,000) and two-month deposit (Sh100,000) to end their homelessness having been kicked out of their Sh 30,000-a-month house at Sunset Boulevard Estate in Athi River.
“My husband Ayimba Benjamin Otieno without reason stopped providing shelter for the minors subjecting them to auctioneers in December 2018 with six months arrears amounting to Sh150,000 plus auctioneers fees of Sh30,000 thus rendering them homeless,” says the mother of two.
Further, she accuses the father of stopping paying school fees for the minors and as a result the minors have missed school for 4 respective terms since 2018 to date.
She told the court that their father who is the sole provider without a reason stopped providing upkeep for the minors subjecting them to untold suffering and on several occasions going without food and left with tattered clothing as their only option.
"As a result of their father actions , the minors have been subjected to untold psychological torture and an undignified way of life," added the mother.
She adds"That Ayimba stopped providing health cover for the minors subjecting them to poor health."
Awuor says she is tired of hoping with her children from house to house seeking shelter from friends and relatives.
Ayimba met Awuor at the height of his coaching career in 2009 through Godwin Aswani, his second wife Caroline Waswa’s cousin.
She further wants an order compelling Ayimba to pay a reasonable upkeep for the minors Sh 50,000 per month immediately.
Other orders are that the father of his children to deposit Sh 100,000 and Sh 50,000 (names withheld) for each minor respectively starting December 1 this year to enable her source for a new school for the minors before January 1,2020.
The mother of the two children also urged the court to compel their father to spend 50% of the holidays and weekend with the minors as part of his parental responsibilities.
According to court documents, Ayimba and the mother of the two minors are married and cohabited for 10 years and blessed with the minors the subject in the case.
The mother of two said his husband Ayimba is a man of means with five other biological children and one stepson who are well taken care of as distributed and indicated.
She said the the husband has without embarrassment continued to mock her and the minors by flaunting photos on social of his other children in expensive schools.
She said the husband has threatened her against bringing her before the children court regarding the the two children.
"Defedant (Ayimba Benjamin Otieno) discriminatory behavior if goes unchecked by this court poses a significant danger to the wellbeing of the minors", mother told the court.
She said the husband's actions are tantamount to child neglect which is a criminal offence under penal code and against the spirit of the constitution of Kenya with protects the minors.
The mother claims she has unsuccessfully tried to engage Ayimba to provide maintenance for the minor, but he refused to attend mediation meetings.
She said that in April having accumulated more arrears since January of 2018, I reached out to the landlord and explained the disappearance of their father and requested to move out and the landlord sympathized with her and the minors and opted to let them go with arrears that have since not yet been paid.