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Man’s Appeal For Compensation After Hospital Allows Wife To Leave Maternity Ward With Another Man Dismissed


The Court of appeal has dismissed a petition by a man who had sought to be compensated by St Mary’s Mission Hospital for allowing his wife to leave the labour ward with another man after delivery.

In the judgement delivered by three judge  bench, Patrick Kiage, Mumbi Ngugi and Francis Tuiyott sitting at the Kisumu Court of Appeal, the judges disagreed with Sylvanus Walusatchi’s demand for compensation by the hospital for discharging his wife.

“I agree that if a man takes the woman he loves to the hospital labour ward for she is heavy with a child while happily believing himself to be the father, but upon the child making a landing, the woman eludes him and leaves in the company of another shadowy rival the law finds no remedy for such,” reads the ruling.

The judges further pointed out that while the emotional distress the appellant had to endure evokes sympathy, there existed a huge legal gap in the matter and that the court had no remedy.

“As an adult “the alleged wife” is a free moral agent and in a free country she is perfectly free to associate with and as in this case be discharged from hospital in the company of whomever she pleases since the woman, in this case, declared MN as the child’s father and not the appellant,” he ruled.

The three judge bench further intimated the incident to analogy in one literature that “children are mothers’ babies and father’s maybes”(possibly not).

The appellant had sued the St. Mary’s Mission Hospital at the Kakamega Law courts in 2020 seeking general damages from the facility on grounds that the hospital had discharged his wife in the company of another man, after delivering and at the time of discharge the wife of the appellant claimed he was the biological father.

The appellant now has no legal option left, since the Court of Appeal is the court of last resort for civil cases.

By Rodgers Oduor


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