Businessman Jimnah Mbaru sued for neglecting his four year old child

Milimani Law Courts, Nairobi.

A woman has sued businessman Jimnah Mbaru for neglecting and failing to support their four year old child.

The mother who claims to have been in a relationship with Mbaru since 2017 wants the court to order him to pay monthly child support of Sh 320,000.

She also wants the court to issue an order compelling Mbaru’s name to be included in the child’s birth certificate.

The woman has also sued Mbaru’s lawyer Erick Murimi Kaburu whom he gave power of attorney to be the child’s ‘putative father’ and pay Sh 50,000 monthly upkeep to her.

The plaintiff further wants Mbaru to pay Sh 600,000 annually for the minor who is enrolled at Kitengela International School.

The court heard that the plaintiff has been solely taking care of the minor and has never received any financial support from the father despite numerous attempts to have him do so.

The mother argues that giving the power of attorney to the lawyer to be a ‘putative father’ to the minor as if he is a property of chattel is a concept not known to the constitution of Kenya or the Children’s Act.

“In the said memorandum of understanding dated 10th September 2020, the ‘putative father’ was required to pay Sh 50,000 per month, which amount has not been remitted for the maintenance of the minor,” says the mother in her affidavit.

It is alleged that on 31st May 2021, children’s cause No.E636 was filed in the children’s court but was mysteriously closed on 4th September 2021 before it was heard on merit.

The court heard that on or about 28th July 2022, the plaintiff wrote a demand letter to Mbaru through her advocate regarding child support but the businessman ignored it.

According to the mother, Mbaru is a prominent businessman who owns businesses worth billions of shillings including banking and control of the Nairobi Security Exchange and therefore culpable of supporting the child without any difficulty.

“It is imperative that this honourable court makes an order of maintenance requiring the 1st respondent to pay for the minor’s school fees, education-related expenses, medical cover, shelter and food,” the plaintiff states.