The Kenyan Judiciary, on Sunday, September 25, caught the attention of Kenyans after it posted a ruling from Kisumu Court of Appeal that sided with a mother who left the hospital with a man different from the one who took her in.
The appellant, Sylvanus Manuel Walutsachi, sued St. Mary’s Mission Hospital in Kakamega accusing it of failure to detain the woman in question for choosing to leave with a different male companion.
Manuel was seeking compensation from the hospital for failing to detain her.
It its ruling, the Court maintained that as much as the case handlers would sympathise with the man, the law allowed the woman free choice of association.
“I agree that if a man takes the woman he loves to a hospital labour ward for she is heavy with child, while happily believing himself the father, but upon the child making a landing, the woman by subterfuge eludes him, and leaves the hospital in the company of another man, a shadowy rival, judges may empathize with the deceived first man, but cannot in law agree with him that the hospital should compensate him for not detaining the woman, till the man who brought her in should claim and discharge her.
“Adult she is, a free moral agent (though the man may protest the word ‘moral’) 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 please,” read the ruling in part.
The judgement further made it clear that the court of law is based on facts and does not sympathise with any party involved in the matter.
It sided with the mother who had declared a different man as her child’s father noting that there was no lie in the phrase, ‘children are mothers babies, but fathers may-bes.’
“Thus, while the emotional anguish the appellant had to endure by reason of those events evokes sympathy, courts of law deal not in that currency. It must cut to the core that the woman in this case 3 declared the other man, one Echesa, as the child’s father, and not the appellant but, are not the hearts of men, and of women, deceptive above all things?
“It dawns on the appellant, alas too painfully, too late, there is no lie in the words, spoken usually in jest, that children are mothers babies, but fathers may-bes. And in the circumstance of this case, no remedy lies in law, least of all against the hospital,” continued the ruling.
The judgement also cautioned individuals to be wary of the dangers of love before embarking into one.
Shortly after the judgement surfaced online, some individuals took note of the tone of the ruling, lauding the judges for disregarding emotions while delivering judgement.
“This is from Judge Kiage… at least he knows the poetry and correct use of English language,” explained one user.
“I love the judiciary they don’t condone emotions but facts. Facts don’t care about your emotions,” corroborated Mark Mwiti.
Others were, however, not amused by the choice of words arguing that it showed bias against the petitioner.
“We challenge you to use etiquette and decency when delivering your judgment in the future, the tone and words you expressed showed, you were either political or bias towards the petitioner,” argued Samson Ayiera.
“Seems like our court are turning into literature exhibition center. Celebrating a judgement without legal ratio will sink the Rule of law,” challenged another user.
Some of Kenyans were confused by Judiciary’s choice to leave out the first page of the 3-page ruling. They cheekly thought it was a snippet of the upcoming full judgement in which former Presidential contender Raila Odinga challenged Independent Electoral and Boundaries Commission (IEBC) declaration of William Ruto as President elect.
The full judgement will be delivered on Monday, September 26.
Source: kENYANS.CO.KE
