50-year-old man sues alleged father over paternity, denied upbringing

A 50-year-old man on Tuesday clashed with a man whom he alleges to be his biological father over whether the case before High Court Judge Chacha Mwita should be heard to its conclusion.

On one hand, John Arthur Kuria argued that his claim for recognition and the decision to sue his mother, Mary Wambui Mwenja, and the man he claimed to be his father, Stanley Waruimbo, bordered on his right to information and being raised by both parents.

According to his lawyer, Teresiah Munywoki, the first case was resolved without factoring in the merits.

“The case is not res judicata because it was not determined on merit, on the basis that the affidavit and evidence were struck out on the basis that they were not notarised and therefore did not form part of the court record. The court did not consider the issue raised about the DNA,” argued Munywoki.

Asked whether he had earlier asked the court to compel the same man to undergo a supervised DNA test, she answered in the affirmative.

However, she clarified that the DNA was only one among other prayers.

“The issues differ from the earlier ones. The first petition was restricted to the supervised DNA test, but in this one, there is also a right to information,” argued Munywoki.

On the other hand, Waruimbo argued that the case was a replica of the initial one, in which Kuria had asked the court to compel him to undergo a DNA test to ascertain paternity.

Waruimbo said that the issue of the alleged relationship between him and Wambui was conclusively determined by Justice Bahati Mwamuye and could not be reopened afresh.

“In his earlier judgment, he went ahead to determine the dispute. On the issue of the second respondent in the new petition, you will note that she has not appeared and there is nothing filed by her. But in the earlier case, there was a lot of direct reference to the first respondent in the earlier petition. We pray that the petition be struck out,” replied Waruimbo.

In the case, Kuria, who lives in the United States of America, said that when he was born, his birth certificate indicated that his father was Eliud Sachida Wangusi.

However, he said despite being born in 1975, he only received the birth certificate on 30 July 2018 when he was preparing to travel to the USA for work.

Kuria argued that he in fact lived with Wangusi and his mother from the age of 11, knowing he was his biological father. Unfortunately, Wangusi is now deceased.

Nevertheless, Kuria said that his mother opened up to him in 2003, informing him that Waruimbo was the man whose genes he carried.

Kuria further claimed that his mother narrated that Waruimbo left her on the birth bed. He also said that she shared a photo of Waruimbo in their room.

“The first respondent could not offer any plausible reason as to why she had kept all this information from me until I was 48 years old. As a result, I have been very disturbed by the non-disclosure and I have begun a journey of getting to know my father, creating a rapport, and developing a relationship with him. He said that this brought a flashback of how his family allegedly treated him differently from the other children,” claimed Kuria.

He stated that she then shared with him Waruimbo’s relatives’ contacts, as he was also living in the USA. According to him, a DNA test indicated that there is a possibility of him being his biological father.

“My efforts to meet with my father, the second respondent, have been met with a lot of resistance and have been futile. The second respondent's brother, Mr. Waruimbo, was cordial, and we had a meet-up and chat. He acknowledged knowing me as the son of both the respondents, born out of the relationship they had in the early 1970s. He offered to have a DNA test done on my sample and his. The DNA test results showed a 99.95 percent likelihood that Mr. Waruimbo and I are close blood relatives,” he said.

It is the second time that Kuria is suing Waruimbo. In the first case, he was seeking a DNA test to ascertain if he was the biological father.

However, Justice Bahati Mwamuye dismissed the case, saying that a court cannot force a person to undergo a DNA test without compelling evidence.

In the case, Kuria claimed Waruimbo refused to give him a name and parental recognition despite knowing he carries his genes.

Kuria stated that he was suing a man he had never met. He, however, claimed that all through, Waruimbo knew he had a biological son out there.

He further claimed that being raised by a single mother without the help of a father figure amounted to mental torture, something which he has suffered even in his adulthood.

“Since I was born until now, the respondent in this matter has been an absentee father. We have never met or interacted concerning the issue in dispute, and see how best we can resolve the issue and find a solution thereof. The father in question here has never taken any responsibility in my upbringing since I was a child till now that I am an adult,” stated Kuria.

He continued: “He has denied me an opportunity to know him as a father and subjected me to growing up as a person without a father, yet in reality, I have my own biological father who has just denied taking responsibilities. This has made me go through mental torture on most occasions during my childhood up to date that I am an adult.”

According to his court documents, Kuria was born in 1975 from a relationship between Waruimbo and his mother Maryanne Wambui.

He stated that his mother told him of his father in 2023, which prompted him to reach out to the man. Kuria further said that he went to the extent of finding Waruimbo’s brother, who is also in the USA, and conducted a DNA test.

According to him, the test confirmed that there is allegedly a 99.95 percent biological connection.

“I have gone through mental torture and emotional distress throughout my entire life due to the absence of my father, who is the respondent herein, and endured ridicule from relatives who have all along discriminated against me because of the strained relationship between my parents,” he claimed.

In conversations he attached in the case, his mother claimed that Waruimbo allegedly left her lying in bed in the house with instructions that she should not name him after his family.

According to her, the man wrote the same on a torn square-ruled paper. She narrates that her water broke while in the house and she had to take a bus to the hospital.

Kuria said that despite his mother writing to him about the child that was born, the letters went unanswered.

According to the court record, Waruimbo’s brother is also known as Waruimbo. He said that he lives in Seattle.

According to him, he met Kuria in the USA. He claimed that upon Kuria introducing himself to him and explaining who his mother was and when he was born, he was certain that Kuria was from their bloodline.

“The petitioner requested me if I was able to allow him to conduct a DNA test with my sample in order to confirm who his true father is. Since I knew the relationship that my brother, the respondent herein, had with Maryanne Wambui, the mother of the petitioner in this dispute, I gladly agreed to do a DNA test so as to establish the truth that the petitioner wanted to know,” stated Waruimbo.

Waruimbo said that a paternity test was conducted on December 3, 2023 using his sample and the results confirmed blood relation.

“I allowed the DNA test to be done with my sample since I am related to the respondent by blood, as he is my biological brother, and having known the petitioner to be genuine, I volunteered to have the DNA test done. The paternity test, conducted with my sample, yielded a 99.95% relation, providing substantial evidence of the biological connection,” he continued.

According to Waruimbo, Kuria had been honest in his dealings with his brother. He claimed that he is ready to forfeit his legal rights but only wants to be recognised as a son.

In the case, Kuria asked the court to order Waruimbo to undergo a supervised DNA test. At the same time, he also wanted the court to find that Waruimbo had denied him parental care and had subjected him to ridicule.

On the other hand, Waruimbo asked the court to throw out the case. He said that the case was not properly filed as Kuria and Waruimbo were in the USA while the documents were commissioned by a lawyer in Kenya.

According to him, any affidavit sworn outside a country that is not in the Commonwealth ought to have been commissioned by a notary public for it to be admissible in Kenya.