Mwita Macha v. Mary Wangoi d/o Werura, (PC) Civ. App. 9-M-66, 30/10/67, Mustafa J.

Mwita Macha v. Mary Wangoi d/o Werura, (PC) Civ. App. 9-M-66, 30/10/67, Mustafa J.

Mary had been living with Mwita for several years during which time she bore two children by him. She also had two children previously, also born out of wedlock. Mary and Mwita are no longer living together. This action was brought to decide custody of the children, all girls.

            Held: (1) Children born out of wedlock belong to the father of the woman. [Citing Government Notice No. 279 of 1963, Law of Persons, section 178.] (2) The eldest daughter, who is already married, could choose with whom she wants to live. Any bride wealth she was to receive goes to Mary’s father, who  has legal custody over her. (3) The second oldest daughter, about seven years of age and born out of wedlock but not sired by Mwita, was awarded to him, “…. On the condition that she is to be sent to school and not to be overworked in household chores.” Mwita is to receive 0.25 of the bride price when the girl marries. This disposition was made because the court’s primary concern was with the welfare of the child. (4) The two youngest daughters were awarded to Mary.