Friday, July 17, 2020 – The High Court in Mombasa has ordered a woman to pay her ex-husband Sh700, 000 as damages after a paternity test revealed that he’s not the biological father of the child he raised with the former wife.
In the precedent-setting ruling, the Sh700, 000 will be paid by the child’s actual biological father, simply identified as Mr. NTA in court documents.
The court also factored in 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.
While arriving at the award, Justice Eric Ogola said that the sum is compensation for mental anguish, stress and embarrassment Mr. SVK went through after a paternity test revealed that the minor was not his.
While making the ruling on Wednesday, Justice Eric Ogola described Mr SVK as an honorable man who took his wife, Ms RNL, to give birth in a good hospital and paid the bills.
After leaving hospital with the baby, the woman decided to go back to her father’s home, from where she delivered the shattering 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.
Mr. SVK had moved to court to counter 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.
Mr. SVK refused to believe that he was not the biological father and demanded a paternity test.
After the samples were taken to South Africa for testing, results confirmed that he was not the biological father of the child.
This prompted Mr. NTA to move to assert his rights as the father and to have the minor’s middle name changed.
The court allowed the petition and ordered the Registrar of Births and Deaths in Mombasa to have the minor’s birth certificate rectified to read Mr NTA as the father instead of Mr. SVK.
The Kenyan DAILY POST