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Maraga speaks out after woman sues him over child support

By Bernice Mbugua
Wednesday, July 1st, 2020
Mary Kwamboka, the woman who caused drama at the Milimani Law Courts shouting that Chief Justice David Maraga fathered her child but does help in providing for her. Photo/PD/CHARLES MATHAI
In summary

Chief Justice David Maraga yesterday fought off claims by a woman who caused a stir at Milimani Law Courts that he fathered and neglected her child.

Maraga, through lawyers Danstan Omari, Samson Nyaberi and Anita Masaki, accused the woman of forging documents with the intention of tarnishing his name. 

“The woman caused a lot of drama with the protection of the State contrary to the Covid-19 regulations.

She filed the matter which was assessed at Sh655, she was told to pay the said amount as filing fees but she did not pay,” Omari told the press outside Milimani Law Courts.

The lawyers questioned the authenticity of the documents filed by the woman, with Omari claiming that the annexures that accompanied the documents were fabricated

The lawyers noted that the complainant’s name, Mary Kwamboka Onyancha did not exist in the registrar of births.

“There is no registrar known as Shamwata in the whole country nor has there been an officer with the name NP Otieno which means that the birth certificate is generated and it is not a document to be relied on,” claimed Omari.

The CJ’s lawyers vowed to present the documents to the Director of Public Prosecutions (DPP) to authenticate whether they are genuine or not.

“If they are not genuine then they will investigate who is the mastermind, we are not really worried about the small girl here who is making noise, we are worried about who is sponsoring this,” Omari said.

Omari said Maraga has been under intense pressure from some quarters to leave office before his term comes to an end since he differed with the State over the pending swearing in of 41 judges.

The lawyers questioned why the documents tabled by the woman bore two different names, Kwamboka and Joan Mwihaki Kiringa.

“We don’t know whether Mary Kwamboka is the plaintiff or Joan Mwihaki, it is a suit that has not been filed in a correct and legal manner,” said Nyaberi.

The lawyers also queried the authenticity of the birth certificate which indicates that the birth occurred in Kamukunji District and not Nairobi, as is the norm.

Maraga is an elder of the SDA church, he is not a simple person, if this is aimed at assassinating his character, we shall  be calling the DPP and all relevant arms of government to get to the root cause of this fraud,” said Omari.

The woman caused a stir early yesterday when she stormed the Milimani Law Courts accusing Maraga  of allegedly siring and neglecting the six year-old girl.

 She broke in tears and screamed demanding that her case be heard and determined expeditiously.

In documents she is yet to file in court, the woman claimed she met Maraga in 2013 at a church function and the duo developed an intimate relationship which resulted in the birth of a daughter on April 21, 2014.

The claims

She alleged that Maraga who was a judge in a lower court at the time, “frustrated all  her  efforts to reach out to him for child support.

“The defendant has refused, and or failed to provide for food, clothing, shelter and medical cover for the minor,” said Kwamboka in her suit.

She wants Maraga to pay her a monthly support of Sh161,600, being Sh20,000 for food, Sh5,000 for clothes, Sh45,000 for house rent, Sh41,600 for school fees, Sh20,000 to cover her medical expenses, Sh10,000 for paying a house-help and Sh20,000 for the child’s entertainment.

She had attached the child’s birth certificate, Cathsam School fee structure and Tulima Court house rent receipts.

The woman was armed with documents showing she had allegedly filed a formal complaint against the judge at the Children’s Department Office in Makadara, Nairobi on March 10.

The woman says her attempts to successfully file for child support against the judge have been futile, given “he has been using his powerful posting to frustrate my efforts”.