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Court rebukes man for choosing sister's children over own six-year-old son yearning for his love

Kwale High Court Family Division judge, Justice Francis Andayi who rebuked a father for choosing sister's children over own six yeas old son [Courtesy]

All little Jonny ever wanted was to spend some little time with his father just like Luther Vandross’ song ‘Dance with my Father’ alludes. However the father (DM) has no interest even after being absolved from paying a sh66,581 monthly  upkeep by the courts and Jonny's mother.

Six years old Jonny, born to a Swedish mother (KD) told Kwale Resident Magistrate Ruth Ogolla that he wished to see and spend time with his father who he met once since he broke up with the mother in 2021 when he was three years old.

He said he does not know his father’s name, his father’s parents, sisters and where he lives.

Little Jonny said his father lived with his mother long time ago at her work place in Diani Kwale County and he thought the father also worked with her mother.


His parents broke up, and that he saw his father once at a restaurant in Woodfires where they called him and spoke after he agreed to meet them.

He however expressed his wish to see him more and spend time with him.

According to DM who runs a yoga company, he cannot afford to pay even a shilling, alleging that his priorities were focused on taking care of his late sister’s two children. He went further and surrendered custody of the son to the mother.

DM told the children’s officer that he was financially unprepared to provide any custody for the son but wished to be granted unlimited access with limited contribution towards his upkeep and nurture, depending on his ability.

In her ruling, Ogolla directed that both parents contribute sh.66,581 towards little Jonny’s upkeep.

However, despite KD agreeing to foot little Jonny’ monthly upkeep of sh.133,162 and consenting to visitation, DM has not shown any interest of meeting.

KD, a General Manager at a hotel in Diani Kwale County said that DM was her boyfriend with whom they had an on and off relationship that ended in 2021.

She told the court that it will be bothersome for her to keep following up with MD for the child’s maintenance when he already has little involvement in the child’s upkeep.

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