WE, DANSTAN OMARI, SHADRACK WAMBUI and LITTY KATHURIMA Advocates of the High Court of Kenya, practicing as such with the firm of MUSYOKI MOGAKA & CO ADVOCATES, UGANDA HSE,4TH FLOOR, SUITENO.19, KENYATTA AVENUE, P.O.BOX 57180-00200, NAIROBI within the Republic of Kenya do hereby certify that this matter is EXTREMELY URGENT and apt for hearing on priority basis for the following grounds;
THAT the parties herein have been having a jolly intimate affair punctuated with Several instances of unprotected carnal knowledge since the year 2018 up until About two months ago (May2021) when they disagreed strongly after the Applicant herein disclosed to the Respondent that as a consequence of their Unprotected sexual encounters, she had conceived a child.
2. THAT the cause of their disagreement was exacerbated by the Respondent’s Insistence on the Applicant to terminate the pregnancy, a proposal that the Applicant declined to accede to and now she is three months pregnant and Counting since she discovered that she was expectant of the Respondent’s child as she has not been intimate with any other man other than the Respondent, a fact that can be confirmed through a prenatal Deoxyribonucleic Acid paternity test.
3. THAT the Respondent despite being a man of means, has refused, neglected and/or ignored to take care of the Applicant’s Pre-Natal Clinics necessary to Ensure the wellbeing of the un-born child perhaps in the hope of stressing the Applicant and causing a miscarriage of their unborn child.
4. THAT the Applicant has been going through Pregnancy complications that Potentially threaten the life of their unborn child if unmitigated and largely Because she is unable to financially meet the cost of the hospitals that guarantee Expectant women the highest standard of health commensurate to the class and Statute of the Respondent.
5. THAT the Respondent defiant and brazen refusal to accept responsibility and Assist the Applicant to access esteemed hospitals capable of giving her highest Standard of prenatal care threaten the life of their unborn child and is therefore is In sharp contravention with the Constitutional safeguards of life which begins at conception.
THAT the Respondent’s neglect of her responsibilities as the father of their Unborn child yet he is a national figure whose wealth and riches is public Knowledge is contumelious, deliberate and an affront to the unborn child’s Fundamental right to be born alive and healthy as the Applicant’s risks suffering Serious high blood pressure resulting to a condition known as preeclampsia, Premature birth and causing low birth weight in infants.
7.THAT the Respondent has consistently rejected his association with the Applicant’s pregnancy despite his full knowledge that they have been having Unprotected carnal knowledge together for years now instead of subjecting Himself to a scientific examination in order to put his doubts to flight
THAT the conduct and behavior of the Respondent of failing to maintain the Applicant and their unborn child by failing to meet the cost of the Applicant’s Prenatal care is inimical to the protection of the future of the Republic of Kenya And the Constitution which observes at its preamble that the Constitution is adopted and enacted for ourselves and the future generation(s).
9.THAT the Applicant being unemployed and the pregnancy being a high-risk one, And of a child that would possibly rise to the position of the Speaker of the Senate, the position its father has risen in the governance of the Republic of Kenya, or even higher in the leadership of this Country, her maintenance needs Are of national importance and priority by all standards.
10.THAT unless this matter is disposed and determined on a priority basis and exparte orders granted on the principle of the best interest of the un-born child, irreparable damage and prejudice will be occasioned on the un-born child and or its mother the Applicant yet the cause of the pregnancy in question is a well to do individual that runs the risk of improperly mentoring young men to be irresponsible men and fathers.
11.THAT it is fair and just that the matter is disposed on an urgent basis and orders Granted to enable the children grow up comfortably
Download application here; IRENE NASWA MUTAKI VS SENATE SPEAKER KEN LUSAKA
