[2016] KEHC 5123 (KLR)

[2016] KEHC 5123 (KLR)

The court found that the appellant failed to discharge the burden of proof required to establish paternity and entitlement to child maintenance and custody orders. The evidence presented by the appellant, including inconsistent testimony and the existence of two birth certificates with different fathers, was found to lack credibility and was insufficient to prove paternity on a balance of probabilities. The absence of DNA evidence, which was within the appellant's power to request, was deemed crucial and not a mere technicality. The trial magistrate was correct in dismissing the suit, as the appellant did not meet the requisite standard of proof. The appeal was therefore dismissed with...

Citation
[2016] KEHC 5123 (KLR)
Parties
Appellant: C N; Respondent: J M
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
3 May 2016
Case Number
Civil Appeal 7 of 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
FN Muchemi
Legal Topics
Child Maintenance, Paternity Dispute, Burden of Proof, Best Interests of Child
Source Language
English
Family and Children Child Maintenance Paternity Dispute Burden of Proof Best Interests of Child

Case Brief

Summary, issues, holding and outcome

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Parties

C N

Appellant

J M

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred in dismissing the claim for child maintenance and custody due to absence of DNA evidence.
  2. 2 Whether paternity can be established by evidence other than DNA in the circumstances of this case.
  3. 3 Whether the appellant discharged the burden of proof on a balance of probabilities.

Ratio Decidendi

The court found that the appellant failed to discharge the burden of proof required to establish paternity and entitlement to child maintenance and custody orders. The evidence presented by the appellant, including inconsistent testimony and the existence of two birth certificates with different fathers, was found to lack credibility and was insufficient to prove paternity on a balance of probabilities. The absence of DNA evidence, which was within the appellant's power to request, was deemed crucial and not a mere technicality. The trial magistrate was correct in dismissing the suit, as the appellant did not meet the requisite standard of proof. The appeal was therefore dismissed with...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent.