Court thwarts man’s bid to stop release of DNA test results
A man moved to court on Thursday seeking to stop the release of his paternity test results following mystery over a child he is alleged to have sired out of wedlock.
The Kenya Cooperative Creameries employee claimed that the results have already been tampered with since the identity of the child he is alleged to have sired are different with documents he was provided with when he went for the test.
According to the man, he was first told of a child who was 12months old but it was later revealed when the Deoxyribonucleic Acid test (DNA) were to done that the baby girl was two months.
Through his lawyer Joseph Mugo, he sued the government chemist officer at Nairobi’s Embakasi children’s office and the mother of the child claiming that the test was unprocedurally conducted.
The man claims he was unlawfully and wrongly coerced to conduct the tests by the defendants and the release of the results which were supposed to have been out on January 5, would make him suffer excruciating consequences.
“This suit is extremely urgent for reasons that the sued parties have unlawfully put in motion the process of subjecting him to a DNA test through treachery, if this is not stopped, they will achieve their dishonest ends,” said Mr Mugo.
Mr Mugo explained that the body that ordered the DNA samples to be taken has no authority in law to do so.
And despite pleading with Lady Justice Mumbi Ngugi to urgently halt the process, the judge declined to heed to his pleas.
“Having heard the aggrieved party’s application and read the case documents, I am not satisfied that this is so urgent as to merit hearing during the vacation. Let it be served to the sued parties for inter party hearing,” said Lady Justice Ngugi.
Whilst the man feared that test results may be used against him, the judge disagreed that the man would suffer any harm if the same are released.
“If you are bringing this matter now, would not have a basis to challenge the results as soon as they are out? If there was a child being taken away, it would be indeed harmful,” the judge added.
The man claims he was summoned by his manager at his place of work to appear before the assistant chief of Umoja 2 Sub location on November 26, 2014 at 10am.
On that day he found the woman who allegedly used to be his friend until two years ago and the officer from the children’s office who wanted him to get forms for the said tests on December 4, 2014 for the 12 months kid.
He claims he was told that he could not see the child since she is of a tender age and was confident that the results would be negative and was to meet the officer from the government chemist on December 18.
But on that day the officer did not turn up, her phone went unanswered despite claiming to be on the way.
Nevertheless the test went on, his blood samples were taken by a laboratory assistant although he noticed later that he had signed a form with discrepancies.
He alleged that no test was done on the said baby whom he realized was two months old and had a different second name and that the woman had another nine year old child.
He further claimed that the lab assistant made a remark that he had been fixed in a manner that he could not escape.
“My fears are that the DNA tests have been interfered with and I have no doubt they will be inevitably used against me,” he said in court documents.
The case will be heard on January 20.