A Catholic priest sued by a woman in Mombasa for allegedly siring a child with her 14 years ago has written to the Chief Justice protesting over delayed justice.
Father Josephat Mweu Mwanzia of Consolata Missionary, who had sought to
have a suit filed by Syovinya Cecilia Mbiki, dismissed after DNA tests
conducted in South Africa and Kenya exonerated him has accused the
magistrate of dragging the matter.
In the letter to Chief Justice Willy
Mutunga dated January 22, he accused the Tononoka children’s court
magistrate Beatrice Koech of failing to conclude the case despite many
anomalies and breaching of court orders and summons on the part of the
Mwanzia explained this was the second year since the suit
was filed under certificate of urgency for the best interest of the
child but the matter was yet to be concluded.
“Since this suit was filed in September 2012, as a Catholic priest, I
have been unable to perform my priestly duties and the delay in the
delivery of the ruling continues to give me mental and psychological
torture and affecting my career and reputation,” the letter read in
He explained that the magistrate had given court orders to conduct DNA
tests but the plaintiff had failed to honour the summons four times yet
the magistrate had not taken any judicial notice despite the seriousness
of the matter.
“The magistrate’s action can be termed as misuse of office because if
court orders are not respected and no penalty is given then, anyone and
everyone would do the same,” he said.
Lawyer Kiunga Kingirwa for Mwanzia had last year asked the Resident
Magistrate to dismiss the suit on the grounds that the application
lacked basis and was bad in law but the magistrate is yet to make her
According to documents in court, tests done at Karen Hospital
in Nairobi and Pathcare Paternity Laboratory in South Africa had
indicated that the priest was not the father of the child in question.