DKK v CWN [2019] KEHC 11622 (KLR)
- Court
- High Court of Kenya
- Case number
- 11622
- Citation
- [2019] KEHC 11622 (KLR)
- Decided
- 19 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of Hon. M.A.Otindo SRM Children CourtCoramM.W.Muigai
Holding
The Appellant shall present himself for DNA testing at Government Chemist within 60 days from today. The Respondent shall avail the Child for DNA testing at Government Chemist within 60 days from today. The Appellant shall foot the DNA testing Bill for himself and the child.
Facts
The Appellant and Respondent were in a customary marriage. The minor was born before the dissolution of the marriage. The Respondent sought maintenance orders for the minor. The Appellant was ordered to pay Ksh 25,000/- for maintenance of the child while paying school fees and expenses.
Issues
- Whether parties should undertake a paternity test
- Whether the Appellant is mandated in law to contribute towards the welfare of the subject minor
Reasoning
The Court finds DNA testing eminently needed to confirm/deny the Appellant's paternity.
Outcome
Appeal succeeds in part and fails in part
Orders
- The Appellant shall present himself for DNA testing at Government Chemist within 60 days from today.
- The Respondent shall avail the Child for DNA testing at Government Chemist within 60 days from today.
- The Appellant shall foot the DNA testing Bill for himself and the child.
- The Government Chemist shall provide the DNA results in sealed envelope to the Deputy Registrar Family Division and thereafter to the Chief Magistrate/Senior Principal Magistrate for reading of DNA results to the parties herein.
- Depending on the outcome of the DNA results, if Appellant is found to be the biological father of the child, the Court shall determine the shared parental responsibilities roles and amounts by both parents to the child.
- In default of DNA testing not being conducted within 60 days, the earlier orders of the Appellant paying Ksh 25,000/- for the child's maintenance during school holidays and School fees and expenses for the child to go to school shall be automatically reinstated.
Authorities cited
Legislation (2)
- Article 53 (1) (e) of the Constitution
- Evidence Act Cap 80
Cases cited (4)
- D.N.M vs J.K Petition 133 of 2015 [2016] eKLR
- PKM vs SPM Children’s Court
- WKG vs JWM & Anor [2016] eKLR
- RK vs WJK & Anor [2016] e KLR
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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