UPDATES
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.
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