A High Court Judge has been reported at the Judiciary Obudsman by the mother of his baby who claims that she has been taken around in circles for the last seven years in a child support case she filed against him.
The woman whose identity we cannot reveal in order to protect the child has said in an affidavit that she filed the case in 2017 and that it has been listened to by three different Magistrates without conclusion.
“I filed the above case in 2017, but to date, I have not received fair treatment by your court. A child support case cannot take six years in court, and the child is growing,” she noted.
“The case was filed in 2017, but what has followed is a series of court mentions with no dates for a full hearing until November 2018, when the court requested a DNA test. The results are positive; he is the father of my child,” she said in the letter. The plaintiff had sought Sh25,000 for food, shelter (Sh40,000), clothing (Sh30,000), toiletries (Sh15,000), house help (Sh10,000), medical cover (Sh20,000), and education (as per the fee structure),” she said.
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The woman who lives in Huruma, Nairobi does not have a job. Her attempts to contact the judge to support the child have been futile and her file has gone missing several times during the proceedings to delay her appeal against a decision of the Children’s Court.
“From the pleadings, evidence, and written submissions, it is not disputed that the defendant is the biological father of the child while the plaintiff is the biological mother,” the court agreed.
The high court judge has however said that he can only afford Sh5,000 per month, medical cover, and educational needs but failed to present evidence to support his proposal.