The Nairobi High Court has dismissed an appeal by Kiambu County senator Paul Thang’wa seeking to stop a Sh2.5 million child maintenance arrears case against him.
Jackline Kamene filed an application dated September 5, 2024, and a notice to show cause dated September 13, 2024, before the children’s court seeking to recover Sh2,575,206 child maintenance arrears for her 21-year-old daughter.
Justice Helene Namisi said he is not persuaded that Thang’wa’s appeal will be rendered nugatory by the mere fact that the senator will be compelled to respond to the Notice to Show Cause and the trial court proceeds to determine the application on merit.
The judge said Thang’wa has not demonstrated how he will suffer substantial loss from defending himself before the trial court.
“I am not persuaded that the appeal will be rendered nugatory by the mere fact that the applicant (Thang’wa) will be compelled to respond to the notice to show cause and the trial court proceeds to determine the application on merit. The applicant has not demonstrated how he will suffer substantial loss from defending himself before the trial court,” said Justice Namisi.
On November 14, 2024, the children’s court dismissed the senator’s preliminary Objection and directed him to respond to the notice to show cause within 14 days.
Thang’wa proceeded to file an appeal before Justice Namisi seeking to stay the lower court proceedings.
The senator said that he will be compelled to show cause in a claim for sh2,575,206 which will occasion him substantial prejudice and loss.
However, Kamene said she was left to shoulder the burden of the minor’s education all through high school.
In an affidavit dated November 22, 2024, Thang’wa’s daughter told the court that her father has always provided for her maintenance.
She said that even though the lower court’s judgement of March 15, 2019, did not obligate the father to maintain her, he took the initiative of enrolling her in a software engineering course at a college in Nairobi after high school.
GP confirmed that Thang’wa catered for all her school fees until she completed her studies in September 2024.
The minor said that she had not sought any extension of parental responsibility and did not instruct anyone to institute any proceedings of any nature on her behalf.
The daughter expressed gratitude to her father for his dedication and care.
However, in her second affidavit dated December 5, 2024, GP contradicted her earlier statement and said Thang’wa only began providing for her upkeep and maintenance from February 2024 by paying school fees at the College.
She said that the father did not comply with the orders of the lower court, thus forcing her mother to take out the Notice to Show Cause.
She claimed that the first affidavit, dated November 22, 2024, was given to her to sign but had been drafted by her father’s counsel.
By Joackim Bwana
