REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS HCCA NO. 96 OF 2012 R W K.............................APPLICANT VERSUS A M A..........................RESPONDENT RULING 1. The applicant and the respondent were unable to agree on what would be a reasonable medical cover for the former and their child K.N. The parties have divorce proceedings before the Kadhi’s court following a successful appeal by the applicant. 2. The court ordered the parties to negotiate and reach a settlement on the issue. They sat and talked but they could not agree. The respondent offered a medical cover of out-patient of Kshs. 20,000 for the applicant and the child, and in-patient cover of Kshs. 200,000 for the applicant and Kshs. 500,000 for the child. The applicant sought an out- Patients cover of Kshs. 50,000 for both and inpatient cover of Kshs. 1.5 million for both. The parties addressed the court on these proposals. 3. There is no dispute that the respondent has another family. He is a captain with [particulars withheld]. I consider that he has a shared responsibility with the applicant. I take judicial notice of the fact that it is quite expensive to be sick in this country. 4. Considering all the facts of the case, I order that the respondent provides to the applicant and the child an out-patient cover of Kshs. 50,000 and an in-patient cover of Kshs. 750,000 for both. I make no order as to costs. DATED at NAIROBI this 29th day of April 2015 A.O. MUCHELULE JUDGE DELIVERED at NAIROBI this 30th day of April 2015 W. MUSYOKA JUDGE
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