Man in paternity row gets Sh700,000 award

By PHILIP MUYANGA

A man who believed he was the biological father of a child he had with his ex-wife has been awarded Sh700,000 after a paternity test showed that the child was not his.

The High Court in Mombasa awarded Mr SVK Sh400,000 as general damages for mental anguish, stress and embarrassment and another Sh300,000 for taking care of the child’s mother during pregnancy and for hospital costs for the minor.

Justice Eric Ogola described Mr SVK as an honourable man who took his wife to give birth in a good hospital and paid the bills but she decided soon after to go back to her father’s home from where she delivered the news 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,” ruled Justice Ogola.

DELIVERY COSTS

The court noted that although Mr SVK had not quantified the damages he suffered, he took care of both mother and child and paid delivery costs and the proceedings have caused him anguish and he will continue to suffer mental pain.

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

In his cross petition, Mr SVK had told the court that he and the mother, RNL, had lived together as husband and wife and out of their co-habitation a baby girl was born in October 2015. He told the court that as a good and responsible husband, he cleared the hospital bills and bought clothes and all necessary items required for a newborn leaving hospital.

“FIRST-BORN DAUGHTER”

Mr SVK said the baby was his pride and joy as a father he proudly named his “first-born daughter” after his mother.

However, his pride and joy turned into embarrassment, mental anguish and disappointment when RNL called him in September 2016 while at her parents’ home and informed him that he was not the biological father of the child.

Mr SVK, shocked, perplexed and angry demanded a paternity test which the child’s mother agreed to.

The court heard that after blood samples were taken to South Africa for examination, it was proved that he was not the biological father of the child.

The whole episode having been perpetrated by Mr NTA and RNL, who has now become his wife, has caused Mr SVK untold misery, mental anguish, mental stress, embarrassment and shame, the court heard.

Mr SVK stated that Mr NTA, unknown to him, had a sexual relationship with RNL when he (NTA) knew that she was his (Mr SVK’s) wife. He told the court that as a result of the illicit affair the child was born but they allowed him to go ahead and name her after his mother.

Mr SVK accused Mr NTA and Ms RNL of being responsible for the embarrassment, mental anguish and stress he has had to go through.

LOVE RELATIONSHIP

For his part, Mr NTA said that sometime in 2015 he was in a love relationship with RNL, but it was cut short when she married Mr SVK and they were blessed with a child.

He told the court that the marriage broke after a paternity test indicated that Mr SVK was not the biological father of the minor.

Mr NTA said Mr SVK and Ms RNL then divorced and they married but he was not aware that the minor was his biological daughter. He said that he filed the petition to assert his right as the father of the minor and to have her 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 be rectified in the father’s name to read NTA instead of SVK and issue a new document in compliance with the orders.

The court also ordered Mr NTA to pay the cost of the case.