Kiambu Senator Paul Karungo Thang’wa has suffered a legal setback after the Nairobi High Court dismissed his appeal to halt proceedings in a child maintenance case demanding over Sh2.5 million in arrears.
The case was initiated by Jackline Kamene, who filed an application on September 5, 2024, and a Notice to Show Cause on September 13, 2024, at the children’s court.
She is seeking Sh2,575,206 in child support arrears for her 21-year-old daughter.
In her ruling, Justice Helene Namisi found that Thang’wa failed to prove he would suffer significant harm if required to respond to the Notice to Show Cause and if the trial court proceeded to hear the matter.
“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 and the trial court proceeds to determine the application on merit,” said Justice Namisi. “The applicant has not demonstrated how he will suffer substantial loss from defending himself before the trial court.”
The children’s court had earlier, on November 14, 2024, dismissed Thang’wa’s preliminary objection and ordered him to respond to the notice within 14 days.
He subsequently appealed to the High Court, arguing that being compelled to respond to the claim would cause him substantial prejudice and loss.
Kamene maintained that she bore the full cost of her daughter’s education throughout high school, prompting the legal action.
In an affidavit dated November 22, Thang’wa’s daughter stated that her father had consistently supported her and that, despite the March 15, 2019 court judgment not obligating him to do so, he voluntarily enrolled her in a Nairobi college for a software engineering course and paid her fees through to her graduation in September 2024.
She further claimed that she had not authorized anyone to file legal proceedings on her behalf and expressed appreciation for her father’s support.
However, in a subsequent affidavit dated December 5, 2024, the daughter changed her position, stating that Thang’wa only began supporting her financially in February 2024.
She accused her father of failing to comply with the earlier court orders, which forced her mother to issue the Notice to Show Cause.
She also alleged that her initial affidavit was drafted by her father’s legal team and presented to her for signing.
