A man who had been paying Sh80,000 in monthly upkeep for his unborn child with his estranged lover has been threatened with a one-month jail term if he fails to settle the outstanding arrears of Sh320,000 within two weeks.
The arrears, which were filed as a contempt of court application in May 2022, amount to four months’ worth of payments.
Last year, N.E.W, the woman involved, brought the case to court, seeking monthly upkeep for her unborn baby, which was conceived with the man, I.S.
On June 12, High Court Deputy Registrar TE Marienga ruled that the man must pay the arrears specified in the consent judgment within 15 days; otherwise, he will be incarcerated for 30 days, with the woman being responsible for his daily subsistence.
The court found that I.S. had failed to fully comply with the consent judgment established by Justice Antony Mrima between him and the woman.
Initially, when the woman sued him, the man voluntarily entered into a consent agreement, agreeing to pay her Sh80,000 per month as upkeep for the unborn child. The matter was subsequently withdrawn.
The agreement, facilitated by lawyer Danstan Omari on behalf of the woman and the man’s lawyers, included a one-time payment of Sh250,000 to cover all expenses incurred by the woman since conception. They also agreed that the woman would have full custody, care, and control of the child.
Additionally, the man committed to providing annual medical coverage for the mother and child, including inpatient services, and allocated Sh50,000 for outpatient care.
He also promised to make monthly payments of Sh80,000 on or before the 5th of each month for the child’s upkeep.
While the man made a few monthly payments and provided the one-time payment, he stopped paying altogether in January 2022, leading the woman to sue him for disobeying the court orders.
In his defense, I.S. argued that he had not refused to pay but stated that his business had been adversely affected by Covid. He requested a review, proposing to pay Sh40,000 instead of Sh80,000 until his business improved.
He claimed to have significant expenses, including rent, salaries, school fees, family support, medical costs, loan repayments, and more. He argued that he had only Sh100,000 remaining and could allocate only Sh40,000 for upkeep.
He further asserted that the woman was employed and earned a decent salary, suggesting that she could care for the child while he revived his businesses.
The court dismissed his request to modify the payment amount, stating that renegotiation could only occur if both parties agreed to it.
The court ruled that the man was in breach of the consent judgment, dated May 18, 2022, and noted that he had the opportunity to pay the proposed Sh40,000 since January but had failed to do so.
Furthermore, the court emphasized that there was no evidence to support his claimed expenses and deemed his actions not in the best interest of the child, as required by law.
Prior to the consent agreement, the woman had stated that she had a brief, intimate relationship with the man from January to March 2021, which resulted in her pregnancy.
She alleged that they broke up after he became violent and accused her of infidelity. Despite his constant threats and lack of emotional and financial support, she decided to keep the child.
During this time, she claimed that she needed child upkeep due to her unemployment and the emotional turmoil she experienced while going through the pregnancy alone.
