P. N. M. v P. N. K [2016] KEHC 4752 (KLR)
- Court
- High Court of Kenya
- Case number
- 4752
- Citation
- [2016] KEHC 4752 (KLR)
- Decided
- 8 June 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling in a Children's Court caseCoramJustice Mary Kasango
Holding
The appeal is dismissed with costs to the respondent. The lower court's file shall be returned to the children's court.
Facts
The respondent filed a suit against the appellant alleging that they had a relationship leading to the birth of a child in 2005. The respondent sought custody and maintenance. The respondent also filed an interlocutory application for DNA testing.
Issues
- Whether the respondent's application for DNA testing should be granted
- Whether the respondent's application for maintenance should be granted
Reasoning
The court dismissed the appeal as there was no merit in it. The learned magistrate did not err in following the high court decisions.
Outcome
Appeal dismissed
Orders
- The respondent is ordered to avail herself for DNA testing at the government chemist in Nairobi at a date to be agreed by the parties in court.
- The two sides shall each contribute half the cost of the test and in the event the test turns out to be positive, the respondent shall compensate the applicant this cost and in the even the test turns out to be negative the applicant shall compensate the respondent.
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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