Probe shatters woman's child support claims

Justice Hellene Rafaela Namisi. [File, Standard]

A private forensic examiner hired by a man in a child upkeep battle killed a woman’s plot to reap extra money from him.

In an intriguing court battle, which High Court Judge Hellene Namisi said was a reflection of delicate and often acrimonious parental responsibility wars, the woman codenamed VAO had written receipts from Juddie Collection, Winkii & Twins, Totoz Empire and Ramaa Bookshop, to increase the amount she was demanding from her child’s father codenamed EGM.

Nevertheless, EGM decided to hire an ex-Directorate of Criminal Investigations officer to look into the handwriting, which he concluded resembled hers.

Justice Namisi agreed with him, saying that the court could not bank on the documents as evidence as it was a crime to forge documents.

She, however, said it was unfortunate that the child’s best interest were being suffocated by her parent’s combat.

At the same time, Justice Namisi dismissed VAO’s claim for medical expenses, after finding that she had also included expenses from a non-registered clinic. She was of the view that although EGM had more money which he had not paid, she could not force him to pay or order for auction as she had mixed the truth with lies.

She said that the burden to prove that the documents were not a forgery was in her hands.

According to the Judge, she ought to have called a counter-expert or replied to the allegations, which she did not. “The appellant, however, has committed a graver error. In her desperation or zeal to claim funds, she resorted to forgery. This is criminal conduct. A court of justice cannot be used as a vehicle to profit from fraud. The evidence of the forensic expert stands unchallenged. The medical receipts from an unregistered clinic further compound the lack of credibility.,” said Justice Namisi.

VOA had asked the court to force EGM to pay Sh209,000, which included Sh32,205 for school items and Sh24,670 for medical expenses.

She claimed that EGM had systematically abdicated his parental responsibilities, which allegedly led her to incur debts to cover those costs.

She asked the court to force him reimburse the money.

On the other hand, the man told the court that she was utilising the court process to extort funds through the presentation of forged receipts and claims for non-existent medical treatments at unregistered facilities.

He testified that there was an order requiring him to pay Sh8,000 per month. However, he claimed that he sought a review of the amount, citing financial hardship. He wanted the court to lower the upkeep by Sh4000.

The two also battled about the minor’s school fees.  On one hand, EGM maintained that he could only afford Sh15,000. He stated that his liability should be tied to the amount as the magistrate’s court had ordered that the child should be transferred to an affordable school.

However, VOA maintained that he must give the child quality education. She argued that the child could only be transferred to another school if they both agreed to the idea.

EGM told the court that the case was an abuse of the court process as it involved forged documents.

He also said that the hospital was not in the list of those registered by the government.