A man has filed a case seeking an order to have his pregnant partner compelled to accept his help and presence until she gives birth.
The man code-named EMM has sued his partner, identified as JNC, arguing that he has a right to be involved in her pre-natal checkups.
According to him, life starts at conception, thus he should be part of his unborn children's life - twins.
“I am constantly stressed and worried about the safety and future of my babies as I have been left in the dark on the pregnancy journey, despite the full knowledge that I have been desirous of having children,” EMM states in his court papers filed before Nairobi High Court judge Mugure Thande.
EMM claims that he met JWC sometime in 2020 and had an intimate relationship with her until February when they parted ways.
According to him, they have lost two pregnancies before.
The man claims that the woman has refused his help. He alleges that she has constantly rejected his plea to be associated with the pregnancy.
According to him, while most men often run away at the mention of pregnancy he had accepted responsibility which his partner had rejected. He said he was willing to give her the highest level of care, and be in the child's life.
“The petitioner/applicant is aware that life begins at conception as per provisions of Article 26 of the Constitution of Kenya 2010 and that he is keen to be present in the lives if his unborn children.
"It is quite unfortunate that in a country where a good number of men run away from their pregnant partners, the respondent is blatantly denying the petitioner/applicant a chance to be present during the pregnancy journey,” said Justice Thande.
He claims that immediately after they parted ways in February, she failed to update him on how her pregnancy journey is.
At the same time, he says, there’s a likelihood of her excluding his name in the birth certificate.
He wants the court to also order that a DNA be conducted immediately the babies are born to ascertain that he is the father.
“The respondent has consistently rejected to associate me or let me in with the pregnancy journey despite having full knowledge that I have been desirous of having children and becoming a father and a present one at that,” he claims.
He continues: “It is fair and just that the matter is disposed on an urgent basis and orders granted to enable me be present during the pregnancy journey and also be in the children's lives after birth.”
According to the man, his understanding of the law is that he has responsibility as a father to an unborn child that must be fulfilled.
He wants to also be involved in the naming of the children.
“I have responsibilities over the unborn children which responsibilities the respondent is blocking me from doing. I therefore pray that this court compels the respondent to allow me be present during the pregnancy journey and be present after the expected twin babies have been born,” EMM argues.
He wants the court to compel JNC to allow him be present during the pregnancy journey and after the twins are born.
At the same time, he is seeking orders that his name should be included in his children's birth certificates. He is also asking the court that his choice of names be registered in the certificates.
“The respondent’s defiant and brazen refusal to accept help from me in order to access hospitals capable of giving her the highest standard of prenatal care is a threat to the life of the mother and the unborn babies and therefore is in contravention with the constitutional safeguards of the right to life,” he argues.