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woman wants the Ombudsman to intervene in her child's upkeep case against a top judge following judicial frustrations, which she says have denied their child a right to good parental care. The woman, who says she is jobless, told the Ombudsman that her attempts to contact the judge to support the child have been futile and that her file has gone missing several times during the proceedings to delay her appeal against a decision of the Children's Court.
She said it was also important to note that the case has been handled by three different judges, thus lacking continuity."I filed the above case in 2017, but to date, I have not received fair treatment by your court. A child support case cannot take six years in court, and the child is growing," she noted.The woman, who lives in Nairobi's Huruma area, moved to the Children's Court in 2017, and since then, the case has been dragging in court.
"The case was filed in 2017, but what has followed is a series of court mentions with no dates for a full hearing until November 2018, when the court requested a DNA test. The results are positive; he is the father of my child," she said in the letter. The plaintiff had sought Sh25,000 for food, shelter (Sh40,000), clothing (Sh30,000), toiletries (Sh15,000), house help (Sh10,000), medical cover (Sh20,000), and education (as per the fee structure).
"In monetary terms, this is a total of Sh120,000 per month, excluding school fees and medical cover," she said.However, the high court judge said that he can only afford Sh5,000 per month, medical cover, and educational needs but failed to present evidence to support his proposal."From the pleadings, evidence, and written submissions, it is not disputed that the defendant is the biological father of the child while the plaintiff is the biological mother," the court said.
The magistrate who heard the case ruled on June 2 last year that the judge could provide only Sh8,000 per month to the mother, which she terms as an unfair and unjust ruling for the nine-year-old child. The court advised the plaintiff to adjust her budget for food, shelter, and toiletries and live within her means.
"To ensure that there is an equal contribution to the maintenance of the child by each parent, I order that the defendant pays school fees and caters for school-related expenses. He shall also take out a comprehensive medical cover for the minor and pay a monthly sum of Sh8,000 for child upkeep," the magistrate said.Aggrieved, she lodged an appeal at the High Court.
File missing
On March 2, 2023, when the matter came up, the court instructed that a skeleton file be constructed to issue directions for the day. The court also noted that the original file was sent to the High Court and a forwarding letter was placed on record. As such, the court confirmed that it did not have the original file and was unable to proceed with the two pending applications on record. The mention is scheduled for April 5.
The woman then wrote to the Judiciary Ombudsman that she has been frustrated by the delay in hearing the case."No single term, the son has reported to school on opening day or had a smooth term without being sent out of class for school fees or school-related issues," she said.The Ombudsman noted her concerns and called on the Judiciary to act fast since their child is frequently out of school because the mother is unemployed."The complainant visited the office; she alleges that on December 2, 2019, her file was never presented in court," the Judiciary Ombudsman said."I would like the matter expedited; it has been mentioned since 2017."In another letter, she said that her file reappeared after she wrote the complaint to the ombudsman but disappeared again.
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