The High Court in Nakuru has ordered a DNA test in a case where a 34 year old woman is claiming that a Nakuru tycoon is her father.
Justice Maureen Odero has allowed an application by Ms Elizabeth Warimu Gitau seeking to have Mr Joseph Muya subjected to a DNA test to ascertain whether he is her biological father.
Mr Muya is the Lake Nakuru National Park Management Committee Chairman and proprietor of the Lake Nakuru Lodge and Summit Hotel.
The judge directed that the test be conducted within two months.
“An order is hereby issued that both parties undergo a DNA testing within 60 days from the date of this ruling to establish whether Mr Muya is the father to Ms Wairimu,” the judge ruled in his judgment.
In papers filed in 2014 before the court, Ms Wairimu through lawyer Wilfred Konosi claimed she believes that Mr Muya is her biological father based on information she got from him and her mother Ms Milka Wambui Gitau.
She further claims that Mr Muya had proved his commitment by providing her with financial support during her childhood and education.
“He paid my school fees at St Michael’s Secondary School, at Tracom College and at Egerton University. He further gave me Sh 170,000 to start a business,” said Ms Wairimu.
The court further heard that Ms Wairimu had on several occasions met with Mr Muya who had confirmed to her that he was her father.
She added that she had enjoyed a cordial relationship with him, claims which the businessman vehemently denied.
The businessman through his lawyer Kipkoech Ngetich denied ever having been in any union with her mother and cannot be Ms Wairimu’s father. He had objected to the application for a DNA test saying that it would infringe on his rights to privacy.
He claimed to only have financially supported Ms Wairimu on humanitarian grounds and accused her of scheming to illegally benefit from his wealth.
“There is nowhere I admitted to her that I was her father and any financial support in the past was on humanitarian grounds and not fatherly obligations as alleged,” he stated.
The court heard that Mr Muya gave Ms Wairimu the money for school fees more than a decade ago after he was approached by people who knew the woman while she was still a student and had decided to assist like any other ordinary person
The complainant wants Mr Muya to recognize her as his daughter, saying his rejection had subjected her to mental anguish, dejection, ridicule and hatred.