1. Before me is the originating summons dated 23rd September 2025, vide which the applicants, Sidney Jeremiah Tsuma and Charity Njeri Kamau, pray that the name of the father of Maggy Waithera, a child, as indicated in her birth certificate Entry No 0891405997, be changed from Gerald Mwachala to Sidney Jeremiah Tsuma.
2. I have considered the said originating summons, the affidavit of the 1st applicant, as well as the evidence produced in court. This court ordered that the child and the alleged father undergo a DNA test to establish paternity.
3. I have received the results of the DNA test, contained in the report dated 20th January 2026, prepared by the government analyst. The report shows that Maggy Waithera's father is Sydney Jeremiah Tsuma.
4. That being the case, I find and hold that the originating summons dated 23rd September 2025 has merit. The same is allowed as prayed. Consequently, I order and direct that the 1st and 2nd Interested Parties remove and strike out the name of Gerald Mwachala from the birth certificate of Maggy Waithera, and replace it with the name of Sidney Jeremiah Tsuma. I further order and direct that the child be issued another birth certificate bearing the correct name of the biological father, that is to say, Sidney Jeremiah Tsuma.
5. As this is a non-contentious matter, I make no orders as to costs.
6. Court file to be closed forthwith.
7. Orders accordingly.
Dated and signed in Mombasa, this 21st day of January 2026. Delivered virtually through Microsoft TEAMS.
2. I have considered the said originating summons, the affidavit of the 1st applicant, as well as the evidence produced in court. This court ordered that the child and the alleged father undergo a DNA test to establish paternity.
3. I have received the results of the DNA test, contained in the report dated 20th January 2026, prepared by the government analyst. The report shows that Maggy Waithera's father is Sydney Jeremiah Tsuma.
4. That being the case, I find and hold that the originating summons dated 23rd September 2025 has merit. The same is allowed as prayed. Consequently, I order and direct that the 1st and 2nd Interested Parties remove and strike out the name of Gerald Mwachala from the birth certificate of Maggy Waithera, and replace it with the name of Sidney Jeremiah Tsuma. I further order and direct that the child be issued another birth certificate bearing the correct name of the biological father, that is to say, Sidney Jeremiah Tsuma.
5. As this is a non-contentious matter, I make no orders as to costs.
6. Court file to be closed forthwith.
7. Orders accordingly.
Dated and signed in Mombasa, this 21st day of January 2026. Delivered virtually through Microsoft TEAMS.