Benjamin Kibiwot Chesulut v Mary Chelangat & another [2015] KEELC 589 (KLR)

Facts

The plaintiff, Benjamin Kibiwot Chesulut, sued the defendants, Mary Chelangat and Wilson Kerich, seeking orders to permanently restrain them from the suit land. The 2nd defendant, Wilson Kerich, died, and the 1st defendant, Mary Chelangat, moved to inter the body of the 2nd defendant in the suit land. The plaintiff testified and closed his case, and the 1st defendant requested a DNA test to determine if the 2nd defendant (now deceased) is the plaintiff's son.

Issues

1. Whether to order a DNA test
2. Jurisdiction of the court

Reasoning

The court does not consider the issue of paternity as a serious jurisdictional issue. The matter is related to proprietary rights over the suit land and whether the defendants have any rights in the land. The court is not hearing a matrimonial or paternity dispute.

Outcome

The application for DNA test is denied

Authorities cited