Kisumu man allowed to remove name from child’s birth certificate after negative DNA results
A Kisumu man has been granted his wish for his name to be struck from a child’s birth certificate after two DNA tests confirmed that he was not the biological father of the nine-year-old minor.
Justice Roselyn Aburili directed the Registrar of Births and Deaths in Kisumu West to issue a new birth certificate to the child, minus the names of F.O.A.
The judge said it was clear that the information contained in the birth certificate dated April 27, 2023 on the father of the child identified as J.M.O. was untrue and misleading.
“I hereby allow the application dated 16th November 2023 to the extent that the name of the applicant herein F.O.A. contained in the child’s Birth Certificate Entry No. xxx as the father of the child J.M.O shall be deleted,” the judge said.
F.O.A. did not deny that he allowed his name to be used to register the child during the issuance of the birth certificate, as the child’s father as stipulated in section 12 of the Births and Deaths Registration Act.
However, the man denied that he sired the child after secretly conducting a DNA test.
A second test was ordered after moving to court and was done by the government chemist in Kisumu which confirmed that he was not the child’s biological father.
The man said he was involved in a romantic relationship in 2014 with the child’s mother and she became pregnant.
He said the woman made him believe that he was responsible for the pregnancy and started providing for the mother.
With time, he became suspicious and stopped providing for them as believed he was not his biological child.
The woman reported him to the Children’s Department for child neglect and he was summoned to discuss the welfare of the said child.
In the arrangement, he was given access to the child and he agreed to provide for his needs.
F.O.A then devised a plan as he privately took the minor for DNA to confirm his paternity and to his surprise, the results showed that he was not its father. He moved to court to have his name deleted from the birth certificate.
The child’s mother- identified as R.A.O opposed the application.
She informed the court that they were workmates with F.O.A. and during their work session, they got to know each other upon which an intimate relationship developed and the birth of the minor.
She said the man acknowledged the child to be his and even named the minor after his late brother and even proposed the child’s baptismal name.
R.A.O said although they were not married, he has been co-parenting the child without much issue and the child has grown up knowing FOA as his father.
She said when the child was joining school, she asked him for a copy of his national identity card to enable her to process the child’s birth certificate, which he gave without a fuss.
R.A.O said the DNA report is not authentic and cannot be used to determine any legal dispute.
Justice Aburili, however, granted the parties time to negotiate for an amicable solution but had not resolved the matter when they appeared before her on January 30, 2024.
The court then ordered for a second DNA test at the government chemist laboratory at Kisumu, to be done at the man’s costs.
Justice Aburili said among the 12 rights of children, is that a child has the right to be registered when they are born.
The judge said the national government must recognise a child’s name and national identity and children must be informed of their identity. Further, the judge said, children have the right to receive, access and transmit documents of their own identity.
The judge added that Article 35 of the Constitution guarantees every person the right to the correction or deletion of untrue or misleading information that affects that person.
She said the child in this case equally has the right to the correction or deletion of untrue or misleading information that affects the child as stipulated in Article 35(2) of the Constitution.
“There is evidence adduced beyond reasonable doubt from the two DNA reports filed in this court that the Applicant is not the biological father to the minor and he has no interest in the child having or using his name on the Birth Certificate which was only issued on 27th April 2023 despite the child being born on 10th February 2015,” the judge said.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.