49-year-old man sues father over recognition

At 49 years and living in the United States of America, John Arthur Kuria, could be presumed to have achieved milestones and have a lot to be envied by many.

However, he lacks one thing: a father’s recognition. And for this, he has now sued Stanely Wangendo Waruimbo.

In his case filed before the High Court, Kuria claims that Wangendo has refused to give him a name and parental recognition despite knowing he carries his genes.

Kuria states that he is suing a man he has never met in person. He however claims that all through Wangendo knew he had a biological son out there.

He claims that being raised by a single mother without the help of a father figure amounts to mental torture, something which he has suffered even in his adulthood.

“Since I was born till now the respondent in this matter has been an absentee father. We have never met and interacted, concerning the issue in dispute and see how best we can sort the issue and have a solution thereof. The father in question here has never taken any responsibility in my upbringing since I was a child till now that I am an adult,” Kuria states.

He continues: “He has denied me an opportunity to know him as a father and subjected me to growing up as a person without a father yet, in reality, I have my biological father who has just denied taking responsibility, this has made me go through mental torture in a most occasion during my childhood update that I am an adult.”

According to his court documents, Kuria was born in 1975 in a relationship between Wangendo and his mother Maryanne Wambui.

He states that his mother told him of this last year which prompted him to reach out to the man.

Kuria further says that he went to the extent of finding Wangendo’s brother who is also in the USA and did a DNA test.

According to him, the test confirmed that there is allegedly a 99.95 per cent biological connection.

“I have gone through mental torture and emotional distress throughout my entire life due to the absence of my father, who is the respondent herein and endured ridicule from relatives who have been all along discriminating me because of the strained relationship between my parents,” he claims.

In conversations he has attached in the case, his mother claims that Wangendo allegedly left her lying in bed in the house with instructions that she should not name him after his family.

According to her, the man wrote the same on a torn square ruled paper. She narrates that water broke while in the house and she had to take a bus to the hospital.

Kuria now says that despite his mother writing to him about the child that was born, the letters went unanswered.

From the court record, Wangendo’s brother is also called Wangendo Waruimbo.

He says that he lives in Seattle.

According to him, he met Kuria USA. He claims that upon Kuria introducing himself to him and explaining who his mother was and when he was born, he was certain that Kuria was from their bloodline.

“The petitioner asked me if I was able to allow him to conduct a DNA test with my sample to confirm who his true father is. Since I knew the relationship that my brother the respondent herein had with Maryanne Wambui the mother of the petitioner in this dispute I gladly agreed to do a DNA test to establish the truth that the petitioner wanted to know,” states Kuria.

Waruimbo says that a paternity test was conducted on December 3, 2023, using his sample and the results confirmed blood relation.

“I allowed the DNA test to be done with my sample since I am related to the respondent by blood since he is my biological brother and having known the petitioner to be genuine I volunteered to Have the DNA test done. The paternity test, conducted with my sample, yielded a 99.95 per cent relation, providing substantial evidence of the biological connection,” he continues.

According to Waruimbo, Kuria has been honest in his dealings with the brother. He claims that he has been ready to forfeit his legal rights but only wants to be recognized as a son.

In this case, Kuria wants the court to order Wangendo do a supervised DNA test. At the same time, he wants the court to find that Wangendo has denied him parental care and has subjected him to ridicule.

Justice Mwamuye has directed Kuria to serve the court papers to Wangendo who will in turn tell his side of the story.

The case will be mentioned on November 12, 2024.