Priest in Sh70,000 paternity suit cleared

A Catholic priest who had been sued for child maintenance in Mombasa has been exonerated after a DNA test turned out negative. According to the DNA test results, an incompatibility with paternity was found at two or more markers. PHOTO/FILE 

In Summary

• Ms Mbiki sought Sh35,000 for upkeep, Sh5,000 school fees, Sh10,000 food, Sh8,000 clothing, Sh5,000 medical, Sh2,000 entertainment and Sh5,000 transport monthly.
• The results of the test however revealed that Father Josephat Mweu Mwanzia was not the biological father to the 15 year old boy.
• A similar DNA test conducted on September 16, 2013 at Pathcare Kenya also turned out negative.

By EUNICE MACHUHI
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A Catholic priest who had been sued for child maintenance in Mombasa has been exonerated after a DNA test turned out negative.

The Mombasa children’s court was on Monday told that Father Josephat Mweu Mwanzia was not the biological father to the 15 year old boy.

Last year, Ms Cecilia Mbiki claimed that the priest was her son's father but had declined to offer child support.

(READ: Former house help accuses priest of delaying DNA test)

She moved to court seeking Sh35,000 for upkeep, Sh5,000 school fees, Sh10,000 food, Sh8,000 clothing, Sh5,000 medical, Sh2,000 entertainment and Sh5,000 transport monthly.

SOUGHT DNA TEST

The house help then sought an order that a DNA test be conducted to establish whether the priest was the biological father and therefore obliged to offer financial support for her child.

However, Fr Mwanzia contested the application at the High Court and demanded that Ms Mbiki be compelled to appear in court to prove the paternity of the boy by producing his birth certificate.

The priest also urged the court to order Ms Mbiki to refund expenses incurred for the DNA test and transport to Nairobi if the results are in his favour.

PATERNITY EXCLUDED

However, a test conducted at Karen Hospital in Nairobi read:

“Results of the DNA profiling analysed three persons identified above indicates that Josephat Mweu Mwanzia is excluded from being the biological father of the child.

“Six of 17 Loci tested are mismatched (two or more mismatches are considered grounds of exclusion of paternity).”

Dr C. Tsilimgras, a pathologist at Lancet Kenya, wrote the report on September 26, 2013 after collection and receipt of samples from both parties on September 9, 2013.

A similar DNA test conducted on September 16, 2013 at Pathcare Kenya also turned out negative.

DISMISS THE CASE

It stated: “An incompatibility with paternity was found at two or more markers.

“Paternity of one individual, Mr Mwanzia Josephat Mweu is excluded with a high degree of certainty.”

When the matter was mentioned on Monday before acting senior principal magistrate Beatrice Koech, Ms Christine Kipsang who was representing Ms Mbiki asked the court to consider the best interests of the child.

However, Mr Kiunga Kiringwa who was representing Fr Mwanzia asked the court to dismiss the case since results had cleared him of any paternity link.

The judge then ordered that a formal application for dismissal be filed.