RULING OF THE COURT
1. The genesis of the appeal and Motion before us was the suit in the Children’s Court at Nairobi in Children’s Court Case No. 126 of 2019 in which the respondent, Miriam Ngima Ndiritu, sued the appellant, John Mwangi Maina, seeking, inter alia, legal custody, care and control of MM (the minor), maintenance, comprehensive medical cover, as well as school fees and related expenses.
2. Pending hearing and determination of the suit in which the paternity of the minor was contested, the court made ex parte orders on 6th March 2019 directing the appellant to submit to a DNA test, take out a comprehensive medical cover for the minor, provide school fees, food at KShs. 30,000 per month, shelter and clothing.
3. Consequent upon the appellant’s refusal, failure or neglect to comply with the orders aforesaid, the respondent took out a Notice to Show Cause dated 10th June 2019 in relation to the accrued arrears on account of the minor’s maintenance, school fees and related expen…