Husband to get Sh700K after finding he’s not child’s father

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A High Court in Mombasa has ordered that a man be paid Sh700,000 as damages after he found out that he was not the biological father of a child he raised with his former wife.

The sum is 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 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.

The Sh700,000 sum awarded will be paid by the child’s actual biological father, referred to in court documents as Mr NTA.

In the decision delivered on Wednesday, Justice Eric Ogola described Mr SVK as an honourable man who took his wife, Ms RNL, to give birth in a good hospital and paid the bills. Soon after, however, she decided to go back to her father’s home, from where she delivered the devastating 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.
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.

It also noted that the proceedings have caused him anguish and that he will continue to suffer mental agony, thus he is entitled to compensation.