Geoffrey Kituyi Peka v Gladys Cherono Kitur & 2 others

Peka v Kitur & 2 others (Family Miscellaneous Application E049 of 2025) [2026] KEHC 10786 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10786 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU FAMILY MISCELLANEOUS APPLICATION E049 OF 2025 JM NANG'EA, J JULY 13, 2026 BETWEEN GEOFFREY KITUYI PEKA .................................................................... APPLICANT AND GLADYS CHERONO KITUR ...................................................... 1ST RESPONDENT NEWTON KIPKURUI TALLAM ............................................... 2ND RESPONDENT REGISTRAR OF BIRTHS AND DEATHS ................................. 3RD RESPONDENT RULING 1. By Notice of Motion dated 27/10/2025, the Applicant prays for orders as hereunder; 1. Spent. 2. That DNA test be conducted to determine the paternity of a minor named I.K. 3. That the 3rd Respondent be directed to rectify their records, and issue a Birth certificate for the minor upon determination of his paternity. 4. That the Applicant together with the 1st and 2nd Respondents do share the costs of the DNA profiling. 2. The Applicant swore an affidavit in support of the Application, stating that he and the 2nd Respondent were at different times in a love relationship with the 1st Respondent who is the subject child’s mother. Both the Applicant and the 2nd Respondent are said to be unsure as to who between them is the child’s biological father, hence the need for the DNA analysis. The exercise is also said to be necessary to correct anomalies in the 3rd Respondent’s records in relation to the minor. 3. There is evidence of service of the Application upon the Respondents but no replies thereto have been filed. The Application is therefore deemed as unopposed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10786/eng@2026-07-13 1

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