Court Awards Man Sh700,000 After His Wife Gave Birth To Someone Else’s Child

Court Awards

A Mombasa court has ordered a couple to pay a man Sh700,000 after they tricked him into believing that their child was his.

The sum will also go towards recovering Sh300,000 that the man whom the court referred to as Mr. SVK spent while taking care of the child’s mother during her period of pregnancy as well as hospital delivery costs.

The sum 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 said that Mr. SVK was an honorable man who took good care of his wife, Ms. RNL, and guided her through her pregnancy in a reputable hospital and paid all her bills. She however decided to return to her father’s home and while there revealed to him that he was not the child’s father.

“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 specified the exact damages he suffered, there was sufficient evidence to show that 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.


The child’s biological father had sought to tweak the child’s birth certificate so that he could have his name appearing on it instead of that of Mr. SVK.

While opposing the move In his cross-petition, Mr. SVK also told the court that he was the husband of Ms. RNL and were living together as husband and wife when out of their co-habitation, a baby girl was born in October 2015.

He told the court that he had settled the hospital bills and purchased some clothes for the child as any responsible father would do. ,

Mr. SVK said he was excited with the news of the birth of the baby girl whom he went ahead and proudly named after his mother in line with the customs of his Giriama community.

His joy however turned into utter disappointment after he came to know much later that he was not the biological father of the child in question.

Mr. SVK refused to believe the news and demanded a paternity test which confirmed that he was not the biological father of the child.


He stated that Mr. NTA was having a secret affair with his wife behind his back yet he knew very well that they were married, further adding that NTA and RNL were now living as man and wife.

In his defense, Mr. NTA while accepting that he was in a relationship with Ms. RNL pointed out that he had severed links with her the moment he came to know that she was married to Mr. SVK and they had a child.

He says he only discovered that the child was his much later.

Upon knowing the real paternity of the child, Mr. NTA moved to court to claim his rights as the father 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 rectified to read Mr NTA as the father instead of Mr. SVK.


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.



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