[2025] KEHC 7156 (KLR)

[2025] KEHC 7156 (KLR)

The High Court determined that it has jurisdiction to hear and determine matters concerning paternity and parental responsibility where the enforcement of children's rights under the Children Act is sought, particularly when paternity is denied. The court relied on Section 29(3) of the Children Act, which provides for enforcement of children's rights through the High Court, and on Article 165(3)(a) of the Constitution, which vests the High Court with jurisdiction over constitutional matters. The court also referenced case law affirming the High Court's role in paternity disputes. Consequently, the application was properly before the High Court, and directions were issued for the...

Citation
[2025] KEHC 7156 (KLR)
Parties
Applicant: DAA; Respondent: JPO
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
28 May 2025
Case Number
Petition E001 of 2025
Procedural Posture
Constitutional Petition / Preliminary Jurisdictional Ruling
Outcome
The High Court affirmed its jurisdiction and directed the matter to proceed by written submissions.
Judges
WM Musyoka
Legal Topics
Parental Responsibility, Paternity Disputes, Jurisdiction of High Court, Children Rights
Source Language
English
Family and Children Constitutional Law Parental Responsibility Paternity Disputes Jurisdiction of High Court Children Rights

Case Brief

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Parties

DAA

Applicant

JPO

Respondent

Procedural Posture

Constitutional Petition / Preliminary Jurisdictional Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to determine matters of paternity and parental responsibility under the Children Act.
  2. 2 Whether the application was properly filed before the High Court instead of the Children Court.

Ratio Decidendi

The High Court determined that it has jurisdiction to hear and determine matters concerning paternity and parental responsibility where the enforcement of children's rights under the Children Act is sought, particularly when paternity is denied. The court relied on Section 29(3) of the Children Act, which provides for enforcement of children's rights through the High Court, and on Article 165(3)(a) of the Constitution, which vests the High Court with jurisdiction over constitutional matters. The court also referenced case law affirming the High Court's role in paternity disputes. Consequently, the application was properly before the High Court, and directions were issued for the...

Court Disposition

The High Court affirmed its jurisdiction and directed the matter to proceed by written submissions.

Orders

  • The Motion dated 7th May 2025 shall be canvassed by way of written submissions to be filed and exchanged within seven days.
  • The matter shall be mentioned on 10th June 2025 to receive submissions and allocate a date for ruling.