Diplomat loses bid to stop paying Sh640,000 child upkeep

A Sierra Leonean diplomat has lost a bid to block payment of Sh640,000 in child upkeep.

The diplomat had moved to the High Court seeking to stop the payment arguing that he had immunity under the Vienna Convention. 

He had been sued by the mother of the child in 2017, who claimed they had cohabited and had a child together. She wanted the court to award her Sh98,000 monthly for the upkeep of the child.

He denied being in a relationship with the mother of his alleged child and raised the issue of immunity.

In 2018, the court directed him to pay a Sh20,000 monthly upkeep pending the hearing of the case, which he has not been paying.

In his ruling, Justice Aggrey Muchelule said the diplomat never went for a DNA test and has never paid the upkeep, which accumulated to Sh640,000.

Judge Muchelule ruled that the child is in need of maintenance from the father and the mother. 

“It is evident that the child’s right to maintenance is being compromised by the appellant’s refusal to pay the ordered amount.  A litigant who refuses to obey a valid court order is not deserving of the exercise of the court’s discretion in his favour,” the judge ruled.

The court further ruled that it would have been different if he had offered to deposit the amount or part of it pending hearing considering he is seriously not contesting paternity.

“Given all the facts that his application has presented, I am not persuaded that it is in the best interests of the child herein to allow the application to stay either the proceedings or the application for execution before the trial court,” the court ruled.