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O M S v. Principal Magistrate Marsabit

(2016) JELR 94666 (CA)

Court of Appeal  •  Civil Appeal 23 of 2015  •  3 Feb 2016  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



This is a first appeal arising from the judgment of J.A Makau, J dated at Meru on the 18th day of December, 2014.

The subject of the litigation resulting in this appeal was a minor when it was initiated way back in 1990; she is the biological daughter of the appellant and the interested party, born on the 8th day of October, 1994, she is currently an adult having attained the age of majority on the 8th day of October, 2012. She was hardly four (4) years old when the interested party K B filed Civil Suit No. 3 of 1998; in the Kadhi’s Court at Marsabit seeking child support from the appellant OM S as her biological father. The merit disposal of the Kadhi’s suit gave rise to two negative orders issued on the 20th day of April, 2002 namely:-

Father to take care of his child the time he gets money and when he has cleared the loan.

No execution of salary will be effected till he proves that the defendant has cleared the loan.”

The interested party being dissatisfied with th…

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