A judge said that in the best interests of the child, theDNA testing remedy was necessary to be undertaken by the parties.
Justice Isaac Lenaola gave Mr Muiruri and Ms Wanjiku 14 days to agree on a date to go before a government chemist for the proposed testing.
This comes in the wake of a child maintenance feud Ms Wanjiku filed against Mr Muiruri who she claims is the father of the child identified as Baby JM.
Mr Muiruri had already been directed by a children’s court on February 11, 2012 to “present himself at the offices of the government chemist at Kenyatta National Hospital to ascertain whether or not he was the biological father of the child or not.”
However, he declined, instead lodging a petition before the High Court.
He filed the petition on February 27, 2013 seeking a declaration that Ms Wanjiku’s action and the direction of the children’s court were a breach of his constitutional rights.
He also sought an order to set aside the children’s court ruling and a stay against the DNA testing. He also wanted general damages and costs against Ms Wanjiku.
On Friday, Justice Lenaola dismissed Muiruri’s application, saying the only way to settle the dispute was the proposed DNA test.
“I am aware that the petitioner has argued against the DNA testing. However, having found the best interest of the child is the paramount principle involving children and noting that on the two trial occasions the DNA testing was not carriedout, the remedy is to order the petitioner and the interested party, Joyce Wanjiku and the child to present themselves for the same test.”
- Daily Nation
Follow @africanewspost
