[2025] KEHC 8285 (KLR)

[2025] KEHC 8285 (KLR)

The court found that the applicant's name was entered as the biological father of the minor based on the 1st respondent's request, but subsequent DNA evidence conclusively established that the applicant is not the biological father. The 1st respondent did not oppose the application, and there was no evidence of marriage or ongoing relationship between the parties. The court held that there was no legal or factual basis for the applicant's name to remain on the birth certificate. Upholding the accuracy and integrity of official records, the court allowed the application, ordering the removal of the applicant's name from the birth certificate and directing the 3rd respondent to issue a new...

Citation
[2025] KEHC 8285 (KLR)
Parties
Applicant: KDN; Respondent: SMN; Respondent: Attorney General; Respondent: Deaths Department
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Miscellaneous Case E084 of 2025
Procedural Posture
Miscellaneous Application / Determination of Unopposed Application
Outcome
application allowed
Judges
CJ Kendagor
Legal Topics
Birth Registration, Parental Responsibility, Declaration of Parentage
Source Language
English
Family and Children Birth Registration Parental Responsibility Declaration of Parentage

Case Brief

Summary, issues, holding and outcome

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Parties

KDN

Applicant

SMN

Respondent

Attorney General

Respondent

Deaths Department

Respondent

Procedural Posture

Miscellaneous Application / Determination of Unopposed Application

Legal Issues

  1. 1 Whether the applicant's name should be removed from the minor's birth certificate given DNA evidence excluding paternity.
  2. 2 Whether the 2nd and 3rd respondents should be directed to issue a new birth certificate omitting the applicant's name.

Ratio Decidendi

The court found that the applicant's name was entered as the biological father of the minor based on the 1st respondent's request, but subsequent DNA evidence conclusively established that the applicant is not the biological father. The 1st respondent did not oppose the application, and there was no evidence of marriage or ongoing relationship between the parties. The court held that there was no legal or factual basis for the applicant's name to remain on the birth certificate. Upholding the accuracy and integrity of official records, the court allowed the application, ordering the removal of the applicant's name from the birth certificate and directing the 3rd respondent to issue a new...

Court Disposition

application allowed

Orders

  • The applicant's name shall be deleted from the child's birth certificate.
  • The 3rd respondent shall issue a new birth certificate for the child that does not include the applicant's name.