M S O v M A O [2013] KEHC 2222 (KLR)
- Court
- High Court of Kenya
- Case number
- 2222
- Citation
- [2013] KEHC 2222 (KLR)
- Decided
- 17 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks a stay pending appeal and maintenance orderCoramH.K. CHEMITEI
Holding
The court grants the appellant's application for a stay pending appeal and orders a monthly maintenance payment of Kshs. 5000 pending the appeal.
Facts
Appellant and respondent are in a paternity dispute over a child, with the court having previously determined paternity through DNA analysis. The respondent is currently in physical custody of the child.
Issues
- Whether the appellant's application for a stay pending appeal should be granted
- Whether the appellant should be ordered to pay maintenance while the appeal is pending
Reasoning
The court notes the irreparable harm the appellant would suffer without a stay and the respondent's ability to support the child.
Outcome
Appeal granted
Orders
- Appellant's application for a stay pending appeal is granted
- Appellant is ordered to pay Kshs. 5000 monthly maintenance pending appeal
- Appellant must pay Kshs. 12,500 for DNA costs within 14 days
Remedies
- Stay of appeal pending determination
- Monthly maintenance payment
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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