• The man met his wife when she was 5 months pregnant(with another man's child), the wife later got another child out of wedlock. 

• The second-born child (named RC) is the biological child of both minors. 

Did a court order man to take care of his non-biological children?
Did a court order man to take care of his non-biological children?
Image: Courtesy

A child custody case has been a topic 0f debate on social media platforms, with reports that a man was ordered to take care of three children he had with his wife. 

Among the three children; the first born(named MC) is not the biological child of the man, he met the lady when she was 5 months pregnant and accepted to take care of the unborn baby that was not his. He went on to give the baby his surname. 

The second-born child (named RC) is the biological child of both minors. 

However, the third born child (named NC) is not the child of the man, the wife had an affair with another man when the two were married. 

Reports indicated that the judge ordered the man to take care of all the children, including those that the wife got out of wedlock. 

Mpasho has established that the man was not ordered to take care of all the children, since his ex-wife accepted to take full responsibility of the third child that she sired with a different man. 

In a court ruling made in December 2020, the man had been ordered to take care of both the firstborn child(that was not his biological) and the second-born child (that is his biological). 

"In any case, as the stepfather of the child, he brought her up, took her to school and provided for its medical. The trial court considered the role of a step-parent under section 94(1) of the Children Act, and considered various decided cases, including that of ZAK & Another –v- MA & Another [2013]eKLR, and found that because of the 14 years that the appellant had related with the child and provided for her in all ways, and given her his name, he should be considered to have assumed responsibility over her in the same way a father would," the court document reads. 

The man had been ordered to provide a SH 30,000 upkeep for both the children, pay their school fees and medical bills. 

After an appeal by the man, Justice Muchelule on April 25, 2022, ordered that the man should not be obliged to p[ay the Sh 30,000 upkeep, but only the school and medical fees of the two minors.

"....the appeal is allowed only to the extent that the appellant will not be required to pay Kshs.30,000/= towards the monthly upkeep of the children MC and RC. I order that each party pays his/her costs, given the nature of the dispute."

The earlier report had caused debate on social media, with netizens opining that the court was unfair to the man by ordering him to take care of all the children including ones that are not biologically his.

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