Former cabinet minister Njenga Karume has accused a man claiming to be his son of lying and abusing a court process.
Mr Edwin Thuo Kigera, 45, is seeking to be recognised as Mr Karume’s son, but the former minister said the matter was settled in a High Court consent in 2008.
Mr Karume submitted that the consent was binding and could only be set aside on grounds of fraud or a mistake.
He submitted that four years after signing the agreement, Mr Thuo had not challenged its validity only to file a petition requesting a DNA test between him and Mr Karume.
The submission said that the petition by Mr Thuo should be struck out since it had been executed in a 2007 case filed by Mr Thuo and his mother, Ms Lucy Kigera, claiming that Mr Karume was his biological father and sought general damages.
The two should pay him the cost of responding to the petition, Mr Karume said.
A year later, they reached an agreement and signed a consent to withdraw, renounce, discontinue and abandon any claims against Mr Karume upon payment of Sh5 million.
He submitted that Mr Thuo cannot claim lack of legal advice when signing the consent since an advocate represented him and that his assertions that he is “a child” cannot be taken seriously.
Justice David Majanja will rule on whether the court will allow a DNA test or a declaration that Mr Karume is Mr Thuo’s father on January 27 next year.
Comments