A case filed by a woman alleging that Chief Justice David Maraga had sired a child with her has been dismissed.
According to Maraga’s lawyer Danstan Omari, the case had not been filed properly in court by the accuser, Mary Kwamboka.
“There was no filing fee paid of Sh655 and by law that matter has not been properly filed,” Omari said on Wednesday.
Maraga’s team had filed their applications to challenge the case but were forced to withdraw since there was no case to challenge.
“The applicant has no case before this court. And therefore, the matter has been dismissed,” Omari said.
Omari said that Kwamboka had stage managed the entire thing with the aim of tainting the Maraga’s reputation and that of his office.
“It is clear now that all the documents that had been annexed in that matter are all forgeries. The birth certificate is a forgery, the sermons from the director children’s services is a fraud. The letters of the school where the child is alleged to be attending are a forgery.”
Kwamboka last month caused a spectacle at the Milimani law courts after alleging that Maraga had refused to pay for their six-year-old daughter’s upkeep.
Omari said that she deliberately dramatised the issue at the Milimani law court while police watched without stopping her.
Kwamboka had filed a case before the Children’s Court and it was given case number CC 480/2020 with Maraga named as the defendant.
Omari had earlier said that there was intense pressure from every quarter that wanted Maraga to leave office before his terms comes to an end in 2021.
Lawyer Anita Masaki said in their investigations it emerged that the name of the alleged mother is not in the Registry of Births and so they were not sure whether the child existed.
“We are not worried about the girl in question but more about the person who is behind her drama,” the lawyer said.
Omari said before they went to court, they perused the annextures filed in court and realised there was no registrar of births by the name Shamwata in the whole country or an officer called NP Otieno in the Nairobi office.
In their opinion, the birth certificate was generated and it was not a document that could be legally relied on.