A grandmother in Kiambu County has obtained court’s order compelling her 'son-in-law' to pay Sh560,000 for the seven years he did not support a child he had with her daughter.
The man, an accountant at the Jomo Kenyatta University of Agriculture and Technology (JKUAT), is also supposed to be paying the granny Sh40,000 monthly for the minor’s food, clothing and shelter.
His attempt to have the orders the granny served through Whatsapp set aside was dismissed by the Kikuyu senior principal magistrate’s court.
The dispute opens a legal interrogation of whether a grandparent has the legal capacity to fight for a child’s upkeep in the event the parents abandon their duties.
When urging the court to set aside the order, the man noted that he earns a monthly salary of Sh42,552 so he cannot raise the Sh40,000.
He also said he cannot afford the Sh560,000, an amount accrued since April 2013.
In the order, the man’s employer is directed to attach one third of his salary for the payment of the minor’s school fees and other needs.
The man also noted that he has his own monthly expenses as well as two children aged below two years.
“One of the minors suffers from a long term health condition that requires therapy at least twice a week, with each session costing Sh2,500. I also suffer from an eye condition that is permanent and I am continuously incurring hospital bills as I have undergone surgery,” he told the court.
Another surgery will take place in the next few months, he said.
The granny moved to court in 2013 after her first born child eloped with a German man upon completing her studies at Kabete Technical College and flew to the Western country.
The daughter’s ex-lover also failed to take up his parental responsibilities as advised by the Gitaru village assistant chief.
“My effort to have the parents take up their responsibilities has been futile. The defendant and I hail from the same sub-location and used to attend the same church with his mother. He has never bothered to visit the minor or even call to inquire about his welfare,” the granny told the court.
The daughter also failed to support the child and stopped communicating with her mother, the Gitaru village chief and family friends who had been pushing her to send upkeep money as the grandmother was struggling.
The court granted the granny legal custody of the child, having lived with and cared for him since his birth in 2009.
She also got an order directing the Ministry of Foreign Affairs - immigration officer - to block the child from travelling outside Kenya.
The granny obtained the travel restriction after getting information from her daughter’s friends that she was planning to fly back to take the child.
“She recently threatened to take the minor with her in January, which made me question her motive since she has never come to visit or called to inquire about his welfare,” she said.
She described the daughter as uncooperative for cutting communication and said she is a stranger to her child.
Court documents indicate that the first order compelling the man to cater for the minor’s medical needs and contribute Sh7,000 per month for upkeep was issued on April 16, 2013.
But he failed to comply, forcing the granny to go back to the court for enhancement on June 24, so that he could carry out his parental responsibilities.
“The minor has never enjoyed the fruits of this court’s orders since 2013. The court directed him to take care of the child’s schooling needs which include school fees, uniform, transport and related expenses. The defendant has never complied,” she said.
After being abandoned by his mother and father, the granny included the minor in her medical cover, which caters for in-patient services to the tune of Sh5 million, and outpatient services to the tune of Sh75,000.
The child is asthmatic and requires medical attention from time to time, she said in her affidavit.
“I was forced to move from Kikuyu to Ruiru owing to the health issues of the minor as Kikuyu was very cold and therefore unfavourable for him,” she told the court.
The granny added that her daughter has never shown interest in the minor since birth in 2009 as she did not even breastfeed him.
The daughter got the baby while studying at Machakos Technical College and after giving birth, she transferred to Kabete Technical College which was nearer to her home.
“After completing her education she left the country, only for me to learn that she was married to a German, and carried on with her life. Since she and I do not talk or discuss the welfare of the minor, it would be in his best interests that the legal custody is granted to me,” she told the court.
