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End my child upkeep case, priest begs court

A priest has asked Chief Justice Willy Mutunga to expedite the conclusion of a case where he was sued for child maintenance.

Josephat Mwanzia, a Catholic priest and a Consolata missionary, said that despite the results of DNA tests conducted at PathCare Clinic in Mombasa and Karen Hospital in Nairobi showing negative results, the magistrate handling the matter has declined to dismiss it.

The DNA tests were conducted on June 18, 2013 at PathCare and July 2, 2013 at Karen Hospital following consent between his lawyer and those of his accuser’s,  and was recorded as an order of the court.

The application had been filed by Cecilia Mbiki, the child’s mother in September 2012 under Certificate of Urgency, seeking upkeep from the priest, whom she accused of neglect.

Fr Mwanzia was given a long vacation by the Consolata Missionaries, whose headquarters is in Nairobi, to resolve the child maintenance dispute.

“My lawyers filed a formal dismissal of the suit on November 7, 2013 while the complaints lawyers also filed a separate application on December 5, requesting for a third DNA in a Government lab,” he explained.

“Since the suit was filed, I have not performed my priestly duties and the delay to deliver the ruling continues to give me mental and psychological torture,” he said.

He also complained that the magistrate failed to take note that the complainant had not obeyed court on four occasions when it was directed that the DNA test be conducted.