A High Court in Mombasa has awarded Sh700,000 to a man as part of damages after finding out that he was not the biological father to a child he had with his former wife.
Nation reports that the said amount is the sum for compensation for the mental anguish, stress and embarrassment following a paternity test that was conducted revealing the son was not his.
In a ruling by Justice Eric Ogola, the complainant, Mr SVK as per court documents, is said to be an honourable man who took care of his wife whilst pregnant and took her to a good hospital, settled the bills. Soon after, the wife opted to go back to her father’s home before breaking the devastating news that the child did not belong to the complainant.
“For all his troubles, the first respondent is entitled to compensation for the expenses he incurred in caring for the mother and the baby,” the Judge said.
The distribution is that out of the Sh700,000 awarded, Sh300,000 will go to the expenses spent by the man in taking care of the mother during pregnancy as well as the delivery costs.
Consequently, the Sh700,000 is to be paid by the child’s biological father referred to as Mr NTA in court documents.
According to the details of the case, Mr NTA had filed a suit to have the child’s name changed on his birth certificate to his after the paternity test proved he was the father.
Mr SVK stated that he had lived with the child’s mother as husband and wife and in the process, a baby girl was born in October 2015.
Mr SVK further indicated that he took care of all the bills, welcomed the baby home and even named her after his mother, according to their Giriama community. However, in September 2016, he received the devastating news that he was not the father and the paternity test proved the same.
According to Mr SVK, Mr NTA had an affair with his wife despite knowing that she was married. However, Brian argues that he had been in a relationship with the child’s mother before she got married and sired a child in her marriage.
The High Court has thus directed that the minor’s birth certificates be changed to read the biological father’s details as well as asked Mr NTA to pay the cost of the case.