Top Kenyans paying dearly for paternity

Ms Agnes Nduku at the Nairobi Children’s Court in this October, 2009, file picture. She had sued the then Housing Minister Soita Shitanda for the upkeep of her two children. Photo/FILE 

In Summary

• Politicians and businessmen named as women take fight for child support to the courts
• Wetang’ula, Keen and Gumo among Kenyans facing court action over fatherhood

By LILIAN ONYANGO
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An increasing number of prominent Kenyans are being hounded to courts over paternity claims.

At least 10 have been dragged to courts in the recent past in a bid to get them to take care of “their” children, in most cases born out of wedlock.

The personalities, including politicians, businessmen and chief executives, have been sued by women who claim to either be their wives or girlfriends and are demanding huge pay-outs monthly for upkeep.

Only last week, two well-known politicians were in the news after being accused of failing to take care of their children.

Bungoma Senator Moses Wetang’ula was last Tuesday ordered by a Children’s Court to pay monthly maintenance fees amounting to Sh270,000 to a woman who sued him for neglect. The court also gave her temporary custody of their daughter.

The woman, who told the court they were married under Bukusu customary law, will expect to receive an additional Sh120,000 every year for the girl’s clothes and other expenses.

Two days later, former Cabinet minister Fred Gumo was sued for maintenance by a woman who claimed they had a five-year affair that ended when he learnt she was expecting his child.

The woman asked the court to compel him to pay Sh150,000 as upkeep every month for the child, who was born last December.

The two join a number of prominent personalities, who have been taken to court to support their children financially.

Family lawyer Rose Mbanya says the challenge for mothers seeking court intervention on child support matters is proving that the child was indeed sired by the man she is making a claim against.

The High Court recently dismissed applications to compel former assistant minister John Keen and Murang’a Senator Kembi Gitura to undergo DNA tests to ascertain paternity claims made by the respective applicants.

In both cases, the applicants seeking recognition as children of the politicians are well over the age of 18 and so are not covered by the Children’s Act. Mr Keen and the senator argued that such tests would amount to an invasion of their privacy.

According to Ms Mbanya, the law is more lenient in cases relating to children and is unlikely to deny an application that is made in their interest.

“In matters appearing before the Children’s Court, it will pursue what is in the best interests of the child and will grant orders to have a DNA test done,” Ms Mbanya told the Nation.

In making its considerations regarding child support, the court stands guided by the Constitution and the Children’s Act, which provide that parents should have equal and joint responsibility over their children, if they are married. 

And if the child is born out of wedlock, the mother has the primary parental responsibility. However, the father can acquire such responsibility on agreement with the mother.

But if the couple has lived with each other for more than one year, the father will be deemed to have acquired parental responsibility, the lawyer said.

With parental responsibility, she explains, one has the right to name the child, make decisions over the child until they reach the age of 18 and has custody of the child.

“Another consideration the court will make is the needs of the child, the income of the parties involved and the obligations they may have on their income,” Ms Mbanya said.

In the course of her practice, she said, more women than men come to seek her assistance, and in most cases, it was because they had none or little source of income and were desperate.

On the rare occasion that men visit her office, she says, they are likely to be complaining about having been denied access to their child.

The family lawyer adds that issues relating to custody, access to the child and maintenance are usually the starting point of conflict between the parents.

“Before they seek legal counsel, these parents find themselves with the lack of a forum for mediation and are unable to have a proper discussion to reach a conclusion that would be in the best interest of their child or children,” Ms Mbanya said.