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In the cases of M.W V K.C the applicant of this case gave birth to JN (the child) on august 27th 2002 at the Kakamega Provisional General Hospital. She obtained a Birth Certificate on April27th 2004 in which she indicated the child’s father as the respondent. In August 2004 against the respondent seeking orders for custody and maintenance of the child. The accused refused to admit to the paternity of the child .While the suit was awaiting the applicant then progressed to the High Court with an application against the respondent under section 6 and 22 of the Children Act in which she sought an order that the respondent attend a DNA test. The application was based on the grounds that the respondent had denied the child’s paternity previously the respondent had cohabited with the applicant before he chased her away not before he had made her pregnant. In support of her case was that the child had the right to be cared for by both his parents and the DNA test was compulsory for the determination of approving whether the respondent was the father of the child.

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