A legal battle has intensified as Kiambu County Senator Paul Thang’wa faces mounting pressure to pay over Sh2.5 million in child maintenance arrears for his 21-year-old daughter.
The Nairobi High Court, under Justice Helene Namisi, has dismissed Senator Thang’wa’s appeal that sought to stop proceedings in a case where Jackline Kamene is demanding Sh2,575,206 in unpaid child support.
“I am not persuaded that the appeal will be rendered nugatory by the mere fact that the applicant will be compelled to respond to the notice to show cause,” ruled Justice Namisi, adding that Thang’wa “has not demonstrated how he will suffer substantial loss from defending himself before the trial court.”
The legal saga began when Kamene filed an application on September 5, 2024, followed by a notice to show cause on September 13, seeking to recover the maintenance arrears.
According to court documents, Kamene claims she was left to single-handedly shoulder the burden of their daughter’s education throughout high school.
In a surprising twist, conflicting statements have emerged from the daughter at the center of the dispute.
In her initial affidavit dated November 22, 2024, she expressed gratitude toward her father, stating that Thang’wa had consistently provided for her maintenance and even enrolled her in a software engineering course at a Nairobi college after high school.
However, in a second affidavit dated December 5, 2024, she contradicted her earlier statement, claiming that Thang’wa only began providing for her upkeep from February 2024.
More dramatically, she alleged that her first affidavit had been drafted by her father’s counsel and merely given to her to sign.
The children’s court had previously dismissed the senator’s preliminary objection on November 14, 2024, directing him to respond to the notice to show cause within 14 days.
Thang’wa then escalated the matter to the High Court, arguing that being compelled to address the Sh2.5 million claim would cause him “substantial prejudice and loss.”
With Justice Namisi’s recent ruling, Senator Thang’wa now faces the prospect of having to defend himself against the maintenance claims in the children’s court, as the legal process continues to unfold.
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