Ikolomani MP Bernard Shinali and Caroline Mutheu Mwakodi, a woman who sued him for child upkeep in 2019, have been ordered by a Nairobi court to file their final evidence in the suit before March 9, 2021.
On Monday, March 1, the Milimani Children’s Court directed the law firms of Katunga Mbuvi and Majanja Luseno, who are acting for the parties, to file their written submissions and other annexures in the dispute for final determination.
In the case, Shinali was named as a defendant in the upkeep case by Mutheu who claims in court papers that they have a five-year-old son together.
Mbuvi, who is representing Mutheu, wants the court to compel the MP to cough up Sh200,000 in monthly maintenance to support the boy’s needs upkeep, medical, and educational needs.
When Mutheu sued Shinali, he filed a defense denying fathering the five-year-old child.
“I am a stranger to the allegations by the plaintiff that I fathered her son,” Shinali avered in his statement of defense to the paternity dispute.
Shinali sought further investigations into the woman’s claims which led to a DNA test request.
When the matter was listed for trial last March, Shinali sought a stay of the upkeep proceedings pending an inquiry as to paternity.
He denied having been notified of the intended suit by the plaintiff through her lawyer.
In March 2020, buccal swabs were obtained from the lawmaker, the woman, and their child.
The specimen was analyzed by Pamela Khamala Okelo who arrived at the conclusion that the child in question was fathered by Shinali.
“Based on the DNA profiles generated from the samples presented to the Government Laboratory, there are 99.99% more chances that Bernard Masaka Shinali is the biological father of Caroline Mutheu’s child,” said Okelo, the Government Analyst in her report dated April 7, 2020.
In her evidence to the court, Mutheu said on May 7, 2016 “with a lot of love they bore the minor.”
She said that the legislator has since neglected them and the minor is entitled to an education, health, and shelter.
“ The defendant is the member of Parliament for Ikolomani Constituency, Kakamega County with a good income,” said Katunga in the court papers.
Mutheu wants the MP to pay monthly Sh50,000 rent, Sh35,000 medical insurance cover, Sh15,000 house help, Sh35,000 food, Sh40,000 for clothing and Sh35,000 for entertainment.
The court will hear the case on March 9, 2021.
