24 August 2014

Kenya: Husband Takes Wife of 15 Years to Court After She Claims He Did Not Sire the Children

A man has taken his wife of 15 years to court after she claimed he did not father any of their three children.

David Munywoki has sued Rose Kileko, who works at the National Social Security Fund as a benefit officer after she claimed he is a stranger and the children do not want to see him any more.

The children are aged 15, 12 and three.

Munywoki filed the case before resident magistrate CN Gichana wants custody of the children but in her replying affidavit, Kileko said a DNA test will prove that Munywoki is not the father of the three children and he is not entitled to any of the minors.

She said Munywoki does not support the minors and they are being supported by their three different fathers.

"The plaintiff is not entitled to any access whatsoever to the minors as he does not support them. They are being supported by their biological fathers," Kileko said.

She said that Munywoki has not produced any adoption order in court to show that he is the father of the children.

"I have been adviced by my advocates on record that fatherhood can only be through biological or adoption and the plaintiff has not proved that he fathered them biologically or through adoption," Kileko said.

She said: "The plaintiff is therefore not entitled to any access whatsoever to the minors as my advocates say that the plaintiff cannot purport to have acquired parental responsibility in view of the existing law."

Lawyer Mercy Mogusu for Kileko adviced the court to dismiss the suit with costs to be met by Munywoki as it lacks merit.

In his affidavit, Munywoki's lawyer Wilfred Nyamu said they got married on December 22, 1999 and that he is confident he is the father of the three children as per the birth certificates.

"The respondent is trying to intimidate me. I have all long since the birth of the minors been taking care of them who have always lived with me in our matrimonial home and they know me as their father," he said.

Munywoki said contrary to reports that he is not responsible, he has has been meeting all the expenses of the children and attached school fees receipts and Nairobi Water Company bills he has paid.

"I am surprised by the applicants ability to make the claims as is tantamount to admission of infidelity," Munywoki said.

The case will be heard on July 30.

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