TMN v JM [2019] KEHC 1538 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

FAMILY AND PROBATE DIVISION

MISC. APPLICATION NO. 125 OF 2019

AND

TMN..............APPLICANT

VERSUS

JM ............RESPONDENT

R U L I N G

1. Before court is an application pursuant to Section 5(1) of the Judicature Act, Article 165 of the ConstitutionandSection 3Aof theCivil Procedure Actseeking for this court to find that the Respondent JM has failed to obey the orders issued by the Children’s Court on 7th March 2017 and in so finding have the Respondent arrested and imprisonment for a term not exceeding 6 months.

2. On the 7th of March, 2019 R. O. Mbogo Principal Magistrate in Children’s Case No. 1420 of 2017 issued orders requiring that the Respondent do submit for a DNA test 30 days upon being reimbursed Kshs.12,750 by the Applicant.

3. There is evidence that a sum of Kshs.12,750 was reimbursed on the 13th March, 2019 to the Respondent through his counsel, but to date the Respondent has neglected and/failed to comply with the order.

4. The Respondent despite service failed to respond and the application remains unopposed.  Consequently, this court grants prayers 2 and 3 of the application.

5. The Respondent having been found to be in contempt of the aforementioned order is hereby committed to 4 months imprisonment unless and until the contempt is purged.

6. Costs to the Applicant.

Dated and Delivered in Nairobi on this5TH day of DECEMBER, 2019

…………………………………….

ALI-ARONI

JUDGE