• Lawyer Danstan Omari representing the woman said they have met and discussed issues relating to consent, said they need seven days to finalise negotiations to file a consent.
• “They are putting us under pressure to say that they need a house within seven days, My Lord, who can buy a house within seven days?” Wanyama asked.
Image: TWITTER/KENNETH LUSAKA
Senate Speaker Kenneth Lusaka on Wednesday told the court he is not challenging the paternity of the unborn baby he allegedly fathered with a woman who sued him two weeks ago for upkeep.
Through his lawyer Peter Wanyama, Lusaka told the court he has been in talks with the woman with a view to settling the case out of court.
Wanyama told Justice Antony Mrima his client is willing and ready to pay costs of prenatal care.
However, he said the issue of maintenance of the baby should be dealt with in seven months or so after the baby is born and not now. Those issues should be dealt with in Children's Court, he said.
“My client has instructed me to tell the court that he is engaging the lady in terms of addressing the issues she has sought in the petition on the pre-birth maintenance issues.
"Once the baby is born, the substantive issues regarding the maintenance of the child will be addressed,” Wanyama said.
He further argued the matter at hand raises questions that are principally within the Children’s Court, saying there is an academic question in court which is the meaning of right to life.
Lawyer Danstan Omari representing the woman said it’s true they have met and discussed issues relating to consent and they need seven days to finalise the negotiations in order to file a consent.
“I wish to inform the court the parties have been engaged in serious discussions with a view of entering a final consent. Much of the issues in contention have been settled. We will be seeking another seven days to appear before you and file a consent,” Omari said.
But Wanyama opposed the seven days, instead asking for one month, which he said will be sufficient time for the current negotiations.
“I don’t think within seven days we will have addressed the pre-birth maintenance issues because there are a couple of issues my client is still engaging the petitioner on, [such as] accommodation expenses with respect to prenatal care. These are continuous expenses, my Lord,” he argued.
Wanyama told court he and Omari attended a meeting with both Lusaka and the woman present.
“My Lord, we left them to continue the discussion. It's not correct that my client cannot afford prenatal expenses, that’s a simple matter; it has been sorted out,” he added.
Wanyama claimed Omari is pushing for an early date to put pressure on Lusaka because they want him to buy them a house within seven days.
He wanted to know why they can’t wait for the baby to be born [and] they will get them accommodation at a reasonable place and [handle] other expenses.
“They are putting us under pressure to say that they need a house within seven days. My Lord, who can buy a house within seven days?” Wanyama asked.
Omari said 30 days is a lot in this situation where paternity has been admitted by Lusaka, urging the court to allow seven days because the life of the unborn child is at risk.
“Why I am seeking a very early date is that prenatal [issues] are are life-threatening, they must be dealt with immediately. A month is unreasonable when the mother and the father who has admitted paternity need to put this minor into a programme, like any father on prenatal issues,” Omari said.
Justice Mrima allowed parties to continue with talks and directed the matter to be mentioned on July 28 for further directions.
In the case, the woman who claimed to have had an affair with the Senate Speaker for three years wants Sh25 million for the unborn baby.
She had told the court that Lusaka had rejected the baby and even at one time suggested abortion.
(Edited by V. Graham)