Justice Aggrey Muchelule of the High Court in Nairobi has ordered a man to pay child upkeep for a child his former wife cheated to have.
The man had protested in court that his wife had gotten pregnant by another man. She had then lied that he was responsible and ensured that he gave the child his last name.
On that basis, Justice Muchelule ruled that he ought to continue paying child support until the child clocked 18 years even though the child isn’t his.
Out of the three children, the court heard that only one, the second born, was the biological child of the man who was identified as EKTM, and whose former wife is code named ECC in court papers.
“The respondent’s (ECC) evidence was that when she met the appellant (EKTM), she was five months pregnant. The pregnancy was discussed and the appellant accepted to take up responsibility.”
“They later begun to live together as husband and wife. The trial court considered the rival versions and accepted that of the respondent. I find no reason to disturb that finding,” said Justice Muchelule ruled.
Separated couples to now pay equal child support cash
According to a report that appeared in a local daily, although the man had agreed to take in the first child who wasn’t his, the wife had gone on to cheat and have a last born with yet another man.
“The man had asked the judge to find that he should only be ordered to meet all the needs of the only biological child in their former marriage. The other order sought by the man was that he had given the minors enough by providing house rent, medical expenses, school fees and school related expenses. He asked the court to set aside the order requiring him to be taking the last born with him during weekends and school holidays,” the report said.
In her response, the woman admitted that two of the children were not from her ex-husband.