- The man said his former wife left him immediately after giving birth and later called him to tell him the child was not his
- The biological father then moved to court to have the child's birth certificate rectified to include his name
- The man, however, filed a counter-petition that saw the judge rule he be paid a total amount of R108 500
- Out of the amount, R46 540 will be to compensate him for the money he spent o his former wife when she was pregnant and hospital delivery cost
- The remaining amount will be compensation for mental anguish, stress and embarrassment
A High Court in Mombasa has ruled that a man be paid R108 500 as damages after he found out that he was not the biological father of a child he had with his ex-wife.
According to the court's ruling made on Wednesday, 15 July, the money awarded to the man will be paid by the child's biological father.
In the judgment made by Justice Eric Ogola, the sum was compensation for mental anguish, stress and embarrassment after a paternity test revealed that the minor was not his.
The cash award is also supposed to cater for R46 540 that the man identified in court papers as Mr SVK, spent taking care of the child's mother during pregnancy and for delivery costs.
The man had filed a cross-petition against a suit filed by the child's biological father identified as NTA, who sought to have the child's birth certificate rectified and read his name.
Mr SVK had told the court that he was living together as husband and wife with the child's mother identified as Mrs RNL when out of their co-habitation, a baby girl was born in October 2015.
He argued that he had cleared the hospital bills and bought the minor clothes, as well as all necessary items required for a newborn before his former wife left him.
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, his pride and joy soon turned into embarrassment and disappointment when his wife called him and informed him that he was not the biological father of the child.
He refused to believe the news and demanded a paternity test which was done in South Africa for testing and results confirmed that he was not the biological father of the child.
The judge described the man as an honourable man who took his wife to give birth in a good hospital and paid the bills.
Soon after, she decided to go back to her father’s home from where she delivered the devastating news to him
"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.
On his part, Mr NTA said he was in a relationship with Ms RNL but cut it short when she married Mr SVK and they were blessed with a child.
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