Is dad obligated to support unborn child? High Court will decide

Gavel

The case arose from a liaison between Senate Speaker Kenneth Lusaka and a woman claiming to be his mistress, who wants Sh25 million to maintain her pregnancy.

Photo credit: File | Nation Media Group

What you need to know:

  • The case arose from a liaison between Senate Speaker Kenneth Lusaka and a woman claiming to be his mistress, who wants Sh25 million to maintain her pregnancy, now in its third month.

The High Court is expected to determine whether a man is obligated to support his unborn child and whether the parental responsibility begins at conception or after birth.

The case arose from a liaison between Senate Speaker Kenneth Lusaka and a woman claiming to be his mistress, who wants Sh25 million to maintain her pregnancy, now in its third month.

The court will decide whether a man is obligated to safeguard the welfare of an unborn child.

The woman, Irene Naswa Mutaki, who says she is jobless, wants the court to compel Mr Lusaka to offer financial support, including money for medical care and maintenance.

Maintenance pay

Pending the hearing and determination of the case, Ms Mutaki wants the court to direct Mr Lusaka to make monthly maintenance payments of Sh200,000 to allow her to meet the direct and indirect needs of the child.

Alternatively, she has urged the court to order Mr Lusaka to support the child by making a lump-sum payment of Sh25 million or any other reasonable amount that will allow her to meet her prenatal and postnatal expenses. The orders will serve the best interests of the unborn child, she argues.

To support her demands, Ms Mutaki quotes Article 26 (2) of the Constitution, which states that “the life of a person begins at conception”.

Ms Mutaki says her romantic relationship with Mr Lusaka started in 2018, ending in May this.

She and the Senate Speaker started disagreeing when she told him she was pregnant. He wanted the pregnancy terminated but she wants to keep the child.

She says that though Mr Lusaka is a man of means, he has refused to pay for visits to prenatal clinics, which she says are necessary to ensure the wellbeing of the unborn child.