Chief Justice David Maraga has called upon the investigative agencies to probe documents adduced by a woman who claims he sired a child with her.
Through his lawyers, Maraga says the documents were not authentic.
On Tuesday, Mary Kwamboka caused a spectacle at the Milimani law courts shouting that Maraga had refused to pay for their six-year-old daughter’s upkeep.
Lawyer Danstan Omari who led a team of lawyers said that she deliberately dramatised the issue at the Milimani law court while police watched without stopping her.
“The said applicant did start with a lot of drama at the protection of the state contrary to Covid-19 regulations. She put up so much drama that is all over social media,” Omari added.
He confirmed that the woman filed a case before the Children’s Court and it was given case number CC 480/2020 with Maraga named as the defendant.
However, according to the lawyers, as of yesterday evening she had not paid the filing fees and so there was no case in court.
“Once we saw all that in the media we took instructions from our client David Maraga and filed a notice of appointment,” he said.
He said the whole thing was hot air to assassinate the CJ’s character.
There has been intense pressure from every quarter for him to leave office before his terms comes to an end in 2021, he said.
“We have come to this court to represent our client only to be told that there is no case and that can only be after the applicant fees has been paid,” he said.
Lawyer Anita Masaki said in their investigations it emerged that the name of the alleged mother is not in the Registry of Births and so they were not sure whether the child existed.
"We are not worried about the girl in question but more about the person who is behind her drama," the lawyer said.
Omari said before they went to court, they perused the annextures filed in court and realised there was no registrar of births by the name Shamwata in the whole country or an officer called NP Otieno in the Nairobi office.
In their opinion, the birth certificate was generated and it was not a document that could be legally relied on.
Edited by Henry Makori
