Thanks @MasterYoda for sharing your story on that thread. It’s a real eye-opener.
According to AWC organization, 50 percent of Kenyan men who go for paternity testing at the Government Chemist turn out not to be the real fathers of the children. This is a fact!
Here is the source if you doubt the statistics: http://www.awcfs.org/index.php/component/k2/item/244-kenyan-men-unknowingly-raising-children-not-theirs
So if you’re a Kenyan man, there is a 50 percent chance you’re raising a bastard that is not yours.
Anyway, back to the topic of the thread.
I will be stating facts with credible sources to debunk your myth that if you’re a man you can be forced to pay child support if you’re not the biological father.
First case: A man in Mombasa found out he was not the biological father of a child, he sued the woman and he awarded 700k compensation. The man who sued had his name on the birth certificate and after winning the case, his name was removed from the birth certificate. The actual biological father of the child was compelled by the courts to pay the 700k damages.
Here is a link to that case: https://nairobinews.nation.co.ke/news/husband-to-get-sh700k-after-finding-hes-not-childs-father
Second case: A woman went to court to claim child support from a man he sleeping with because the man acquired parental responsibilities when he was cohabiting with her. The real biological father died and the other guy stepping in but he later changed his mind.
The woman refused to do a DNA test claiming that “DNA shouldn’t be used to deny the minor justice”. She argued that since the guy had his name on the birth certificate, that is all needed for proof of paternity.
Because the woman didn’t want to do a DNA test, she lost the case. She appealed, and she lost again.
In the words of the judge who ruled the case in Embu high court, "the appellant seems to be trying all ways and means to get maintenance of the child by hook and crook…the evidence was found to be sort of designed to achieve a certain objective"
Here is a link to that case: http://kenyalaw.org/caselaw/cases/view/122326
Third Case: The court stated "the burden of parental responsibility…is almost a lifetime burden and that is why a court of law must be absolutely certain that the person at whose door it holds the buck stops is none other than the parent of the child in the issue.
Link to the case: http://kenyalaw.org/caselaw/cases/view/108990
Fourth Case: This is a direct quote to what the court stated, "There must therefore be facts strongly linking the respondent (alleged father) to the child. Otherwise, an applicant (the mother) will look at the richest person among those she generally associates with and claim him to be the putative father of her child.
Link to the case: http://kenyalaw.org/caselaw/cases/view/170215
I could go on and on but nimechoka.
@Azor Ahai Can you cite any Kenyan case where a man who is not the biological father was forced to pay child maintenance after ‘fraud paternity’ from the mother?..And I mean a Kenyan case, and not a case from abroad.
Soma hapo juu tena.
Hii maneno ya kusema ati courti itapatia parental responsibilities kwa yule jamaa akona pesa mingi kwa wote mlitoa wapi?
Remember, children’s court and children’s office are two different things.
Children’s office are usually a confused lot and they often favor women, especially single mothers. Huko ni kama tu kupelekwa kwa chief.
But the courts usually have a very different opinion and ruling contrary to what you’re told in the children’s office.