Court orders DNA testing for Sudanese couple

A High Court in Lodwar has ordered a DNA test to determine the paternity of a minor at the centre of dispute between Sudanese nationals.

Justice Joseph Sergon made the order in a suit filed by ADA (plaintiff) on July 5, 2021, against CAD and his wife AAM.

The root of the matter is a protracted dispute on the paternity of the minor born by AAM, leading to the assault of ADA on December 6, 2010.

“A declaration that a deoxyribonucleic acid (DNA) test be undertaken on the issue, the plaintiff and the defendants at the Government Chemist on a date to be agreed with costs to be shared by both parties,” ordered the court.

CAD, on the said date, at Franco Ethiopian Restaurant, attacked 23-year-old ADA based on allegations that he had sired a child with his wife, AAM.

Court papers indicate ADA sustained several injuries on the neck, stabs on the right rib cage, a stab on the chin, and deep cuts on the left arm. Following the attack, ADA was rushed to hospital for medical treatment. The police arrested and detained CAD, who was charged with grievous harm, which was subsequently amended down to assault.

ADA instituted a civil suit seeking compensation, claiming he had been robbed of the prime and the most productive years of his life. He said he was condemned to a life of constant chronic pain and agony.

In his witness statement, ADA said that following the attack, his employers, International Rescue Committee and International Organisation for Migration, organised for him to be airlifted for medical treatment, and that the United Nations High Commission for Refugees resettled him in the US on medical grounds.

In the suit, he also wanted the court order that a DNA be conducted on him, the minor, and the couple to determine paternity.

ADA said he suffered anguish and emotional turmoil due to the allegations that he fathered a child with another man’s wife, which is contrary to the norms of the Dinka community.

ADA claimed his reputation was ruined amongst his Dinka kinsmen. He said he was entitled to compensation and costs of the suit for financial and physical pain.

He wanted the court to order that he paid Sh50 million as general damages and Sh30 million as special damages. The court noted that he had failed to adduce satisfactory evidence, namely invoices and receipts for costs incurred while undergoing treatment.

The court awarded him Sh200,000 as general damages to be paid by the couple.