R. K v H. J. K & another [2013] KEHC 6501 (KLR)
- Court
- High Court of Kenya
- Case number
- 6501
- Citation
- [2013] KEHC 6501 (KLR)
- Decided
- 23 August 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory ApplicationPosturePetitioner seeks an order compelling the 1st respondent to undergo a DNA test to confirm paternity.CoramD.S. MAJANJA
Holding
The court declines to order the 1st respondent to undergo a DNA test and dismisses the Notice of Motion with no order as to costs.
Facts
The petitioner claims she was born out of a union with the 1st respondent in 1981 and alleges a relationship with him until 2001. The 1st respondent denies these allegations.
Issues
- Whether the court should order the 1st respondent to undergo a DNA test to establish paternity at an interlocutory stage.
- Whether the petitioner has established a cause of action for violation of her rights and fundamental freedoms.
Reasoning
The evidential basis for the petitioner's case is weak and the court finds that ordering the respondent to provide DNA would be an intrusion of his rights. The petitioner has not established a breach of constitutionally protected rights and fundamental freedoms.
Outcome
Dismissed with no order as to costs
Orders
- The Notice of Motion dated 1st March 2013 is hereby dismissed with no order as to costs.
Authorities cited
Cases cited (2)
- Anarita Karimi Njeru v Republic (No. 1) [1979] 1 KLR
- SWM v GMK, Nairobi Petition No. 235 of 2011(2012) eKLR
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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