Man to get Sh 700,000 for not being biological father of a child with wife

A man has been ordered to pay another man shs 700,000 by a  High Court in Mombasa after a paternity test revealed he was not the biological father of a child he had with former wife.

The sum is compensation for mental anguish, stress and embarrassment after a paternity test revealed that the minor was not his.

Daily Nation reports that the cash award is also supposed cater for Sh300,000 that the man, referred to in court documents as Mr SVK, spent taking care of the child’s mother during pregnancy and for hospital delivery costs.

The Sh700,000 sum awarded will be paid by the child’s actual biological father, referred to in court documents as Mr NTA.

In the decision delivered on Wednesday, Justice Eric Ogola described Mr SVK as a honourable man who took his wife, Ms RNL, to give birth in a good hospital and paid the bills. Soon after, however, she decided to go back to her father’s home, from where she delivered the devastating news to him that he was not the father of the child.

“For all his troubles, the first respondent (Mr SVK) is entitled to compensation for the expenses he incurred in caring for the mother and the baby,” the Judge said.

 

It also noted that the proceedings have caused him anguish and that he will continue to suffer mental agony, thus he is entitled to compensation.

Mr SVK had filed a cross petition against a suit filed by Mr NTA, the biological father who sought to have the child’s birth certificate rectified and read his name (NTA) instead of Mr SVK.

In his cross petition, Mr SVK had told the court that he was the husband of Ms RNL and were living together as husband and wife when out of their co-habitation, a baby girl was born in October 2015.

He told the court that he had cleared the hospital bills and bought the minor clothes, as well as all necessary items required for a new born child leaving hospital.

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Mr SVK said the baby girl was his pride and joy as a father and since he comes from the Giriama community, he proudly named the child after his mother.

However, the court heard that his pride and joy soon turned into embarrassment and disappointment when his wife called him on September 2016, while staying at her parents’ home, and informed him that he was in fact not the biological father of the child.

Mr SVK refused to believe the news and demanded a paternity test.

After blood samples were taken to South Africa for testing, results confirmed that he was not the biological father of the child.

 

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