REPUBLIC OF KENYA

IN THE CHILDREN’S COURT AT NAIROBI

CHILDREN’S CASE NO. OF 2003

IN THE MATTER OF ADNAN NDUNGU (A CHILD)

ADNAN NDUNGU
(A CHILD) SUING THROUGH MARYANNE WANJIKU GATHOGO …………. PLAINTIFF

VERSUS

DUNCAN NDEGWA MARINE…………………….………………………………….….. DEFENDANT

PLAINT

1. The plaintiff is a minor of sound mind, suing through his mother and guardian, whose
address for the purpose of this suit is care of Messrs. Rombo & Company Advocates of
Shankardass House New Wing, 1st Floor, Moi Avenue, P.O. Box 2704-00100 Nairobi.

2. The defendant is an adult of sound mind and works for gain in Nairobi. [Service of
summons shall be effected through the guardian’s advocates’ chambers.]

3. The guardian and the defendant cohabited at Buru Buru Estate, and later at Woodley
Kiboko Flats Nairobi from 1997 to 2001.

4. The plaintiff was born during the duration of the cohabitation, on the 7 th of August 1998.

5. The guardian and the defendant ceased to cohabit.

6. The guardian has since then single handedly brought up the child, accommodating him and
catering for all his needs.

7. The defendant has shown no interest in providing for the plaintiff.

8. Despite demands made and intention to sue intimated, the defendants have failed,
neglected and / or refused to settle the claim.

9. There is no other suit pending in this court or at all, and there have been no previous
proceedings in any court on the same subject matter and involving the same parties herein.

10. The cause of action arose within the jurisdiction of this court.

REASONS WHEREFORE the plaintiff prays for judgement against the defendant for:

(a) Custody of the two said children of the family.

 (b) That she may be granted [such secured provision and] such sums by way of
maintenance for the said child as may be just.

(c) Costs of this suit.

(d) Any other relief the court deems fit to grant.

Dated at Nairobi this …………………….. day of ………………………..…………….., 2003.

ROMBO & COMPANY

ADVOCATES FOR THE PLAINTIFF

Drawn & filed by:

ROMBO & COMPANY ADVOCATES
SHANKARDASS HOUSE, NEW WING, 1ST FLOOR,
MOI AVENUE,
P.O BOX 2704 – 00100,
NAIROBI.

To be served upon:
DUNCAN NDEGWA MARINE
P.O. BOX 72763,
NAIROBI.
 REPUBLIC OF KENYA
IN THE CHILDREN’S COURT AT NAIROBI

CHILDREN’S CASE NO. OF 2003

IN THE MATTER OF ADNAN NDUNGU (A CHILD)

ADNAN NDUNGU
(A CHILD) SUING THROUGH MARYANNE WANJIKU GATHOGA …………. PLAINTIFF

VERSUS

DUNCAN NDEGWA MARINE………….……….………………………………….….. DEFENDANT

VERIFYING AFFFIDAVIT

I, MARYANNE WANJIKU GATHOGA of P.O. Box 2704-00100 , Nairobi, do hereby

make oath and state as follows:

1. THAT I am the Plaintiff herein and well versed with the facts of this case
and therefore competent to make this Affidavit ;

2. THAT I have read the contents of the Plaint herein and verify the
contents to be true ;

3. THAT there is no other suit pending in this court or at all, and that there
has been no previous proceedings in any court on the same subject
matter and involving the same parties herein.
4. THAT what is deponed herein is true to the best of my knowledge and
belief.

SWORN at NAIROBI by the said }

MARYANNE WANJIKU GATHOGA}
this day of }___________________________
2003 } DEPONENT
}
BEFORE ME }
}
}
}
}
COMMISSIONER FOR OATHS }
 REPUBLIC OF KENYA
IN THE CHILDREN’S COURT AT NAIROBI

CHILDREN’S CASE NO. OF 2003

IN THE MATTER OF ADNAN NDUNGU (A CHILD)

ADNAN NDUNGU
(A CHILD) SUING THROUGH MARYANNE WANJIKU GATHOGA …………. PLAINTIFF

VERSUS

DUNCAN NDEGWA MARINE………….……….………………………………….….. DEFENDANT

CHAMBER SUMMONS
Under sections 24 (3), 91, 93, 94, 97 and 98 of the Children Act 2001 and
all enabling provisions of law

LET ALL PARTIES CONCERNED attend the court on the __________ day of
________________, 2003, at 9.00 O’clock in the forenoon or soon thereafter as
counsel of the Plaintiff may be heard upon his application FOR ORDERS THAT: -

1. That legal custody of the child be granted to the plaintiff and natural mother
Maryanne Wanjiku Gathoga pending the hearing and determination of this
suit.

2. The defendant be compelled to maintain the child pending the hearing and
determination of this suit.

3. The costs of this application be provided for.

WHICH APPLICATION is supported by the grounds set out and the annexed
affidavit of and such further grounds to be adduced at the hearing hereof.

1. The defendant is the father of the child.

2. The defendant has refused, failed and or neglected to maintain the child.

3. The guardian and mother Maryanne Wanjiku Gathogo is undergoing

hardships providing for the child single-handedly.

4. The defendant is a working man and of means to provide for the child.

Dated at Nairobi this day of 2003.

ROMBO & COMPANY

 ADVOCATES FOR THE PLAINTIFF

Drawn & filed by:

ROMBO & COMPANY ADVOCATES
SHANKARDASS HOUSE, NEW WING, 1ST FLOOR,
MOI AVENUE,
P.O BOX 2704 – 00100,
NAIROBI.,

To be served upon:
DUNCAN NDEGWA MARINE
P.O. BOX 72763,
NAIROBI

“If any party served does not appear at the time and place above-
mentioned such order will be made and proceedings taken as the court
may think just and expedient”.
 REPUBLIC OF KENYA
IN THE CHILDREN’S COURT AT NAIROBI

CHILDREN’S CASE NO. OF 2003

IN THE MATTER OF ADNAN NDUNGU (A CHILD)

ADNAN NDUNGU
(A CHILD) SUING THROUGH MARYANNE WANJIKU GATHOGA …………. PLAINTIFF

VERSUS

DUNCAN NDEGWA MARINE………….……….………………………………….….. DEFENDANT

SUPPORTING AFFIDAVIT

I, MARYANNE WANJIKU GATHOGA of Post Office Box Number 2704-00100 Nairobi

in the Republic of Kenya do hereby make oath and state as follows:-

1. THAT I am the plaintiff and mother of the child hence competent to swear this
affidavit.

2. THAT the defendant and I cohabited as man and wife from 1997 to 2001.

3. THAT I and the defendant cohabited at Buru Buru Estate, and later at Woodley
Kiboko Flats Nairobi from 1997 to 2001.

4. THAT the child was born during the duration of the cohabitation, on the 7 th of
August 1998.

5. THAT the guardian has since then single handedly brought up the child,
accommodating him and catering for all his needs at her modest one-roomed
house at Kitengela in Kajiado District.

6. THAT the child is currently attending nursery school at Kitengela Milimani

Academy.

7. THAT the defendant has shown no interest in maintaining and/or providing for
the child.

8. THAT I have single-handedly provided for the child and have been having
considerable difficulties especially now that I’m jobless.

9. THAT the defendant has shown no desire to help ourt in catering for the needs
of the child despite my many requests to him.

10. THAT the refusal of the defendant to maintain his own child is despicable
especially given that he has a well paying job and can afford to.
11. THAT I am counseled by my advocates, which counsel I verily believe to be
true, that the defendant being the father of the child, is obliged by law to
provide reasonable maintenance for the child.

12. THAT the expenses I have to incur on the child amount as follows per month;

(a) Food kshs 4,000/-

(b) Education kshs 3,500/-
(c) Clothing kshs 4,000/-
(d) Medical cover kshs 4,000/-
(e) Toys/books kshs 3,000/-
(f) Housing kshs 8,000/-
Total Kshs 25,500/-

13. THAT the plaintiff now resides at Kitengela, Kajiado District, and the defendant
is a tour guide still residing at Kiboko Flats, Woodley Estate, Nairobi.

14. THAT being the natural mother of the child and having actual custody, and
given that the defendant has shown no concern or inclination to look after him, it
is in the best interests of the child that legal custody be granted to me.

15. THAT it is in the interest of the child that this entire application be granted.

16. THAT what is deponed to hereinabove is true to the best of my knowledge and
belief save where the sources thereof are disclosed.

SWORN at NAIROBI by the said )

MARYANNE WANJIKU GATHOGA) .....................……………………………...
this day of 2003. ) DEPONENT
)
)
)
BEFORE ME )
)
)
)
)
COMMISSIONER FOR OATHS )