Kenyan Catholic Priest Appeals Order to Pay Sh25,000 Upkeep, Insists the Child is Not His

Catholic priest Dominic Wamugunda has appealed against a ruling that ordered him to pay support for a child alleged to be his.

Father Wamugunda was directed to pay Sh25,000 per month after the child’s mother sued him for child maintenance in December 2020.

But in an appeal filed before High Court judge Maureen Odero, the priest faulted senior resident magistrate Mary Otindo for failing to consider DNA testing before issuing her ruling in the case.

“The learned magistrate erred in law and in fact by failing to appreciate that the plaintiff had not placed any material evidence before the court to warrant an award of Sh25,000 maintenance,” court documents read.

He wants the court to suspend the ruling, arguing that the applicant failed to show up for DNA testing as both parties had agreed.

“I am aware the parties agreed to undertake testing and order recorded by consent on May 17th, 2021, and I already paid for the same. On the appointed date for the DNA testing August 5th, 2021, as agreed between the advocates Mr. Kirimi and Mr. Shisanya, the respondent did not show up,” he adds.

The cleric is disputing the paternity of the 12-year-old girl, adding that he has never seen the minor.

“I am not satisfied at all with the court finding, and that is why I have filed an appeal. I have completely denied paternity of the subject child whom I have not seen or supported since she was born and she is now 12 years old,” he argues.

While issuing her ruling, magistrate Otindo noted that the respondent failed to undertake a DNA test scheduled by the court, claiming that he was unwell.

"It has to be remembered that this court, on May 17, 2021, allowed a DNA test to be undertaken. He did not do so on an allegation he was unwell. There was no evidence placed before the court to support the said position that he was incapacitated to undertake the said DNA and that the court ordered that he continue to discharge his parental responsibility,” the magistrate ruled.