A High Court in Mombasa has ordered that a man be paid KSh 700,000 as damages after establishing that a child he had with his former wife is not his.
The court said the amount is compensation for mental anguish, stress and embarrassment after a paternity test revealed that he was not the child’s biological father.
The amount will also compensate KSh 300,000 that the man, identified as SVK in court, used on the woman during pregnancy, and other hospital costs including the delivery cost.
The court heard that SVK, took the woman, referred to in court documents as RNL, to give birth in a good hospital and paid all the bills singlehandedly.
After giving birth, SVK said in court documents that the woman reportedly left and went to her father’s home where she broke the news, revealing that the baby is another man’s child.
In the decision delivered on Wednesday, July 16 by Justice Eric Ogola, the KSh 700,000 will be paid by the child’s actual biological father, referred to in court documents as NTA.
“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,” Justice Ogola ruled.
Following the ruling, the court ordered the Registrar of Births and Deaths in Mombasa County to rectify the child’s birth certificate to read NTA as the father instead of SVK.
The court also ordered NTA to pay the costs of the case.
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