JOHN GITAHI KABUI V. MERCY CATHERINE WANJIKU GIPTAHI OLIVIA WANGU (SUING THRO' THEIR GUARDIAN JUDITH NYAKERU WANG'OMBE)

JUDGMENT OF THE COURT

The respondents’ through their mother filed a suit in the Children’s Court at Nyeri on 7^th March, 2005 seeking inter alia :-

• An order that the defendant (appellant herein) takes up his parental responsibility towards the plaintiffs (respondents’ herein).
• An order that the defendant pays to the plaintiffs’ guardian a monthly maintenance of Kshs. 11,700/= until the plaintiffs attain the age of majority or until further orders of the court.

The appellant and the respondents’ mother got married on 10^th June, 2000 and subsequently separated in November, 2002. It was the respondents’ case that since their parents separated, the appellant had abdicated his parental responsibility; their mother was not capable of single handedly meeting their needs from her monthly income of Kshs. 15,000/=. The respondents’ mother testified that the appellant was a laboratory technician earning a monthly salary of Kshs. 13,000/= as at the year 2001. The appellant filed a statement of defence…