Heirs or affairs: How Kenya's rich keep gold diggers at bay

Couple on a date. (Courtesy/iStock)

The harsh economic realities have tilted the dating scene with men and women of means highly preferred as hot cakes. It seems more men and women prefer dating people who drive fuel guzzlers and probably own upmarket apartments. Even married spouses with investments in real estate are within the radar and may not escape when the fishing nets are cast. Some of the hunted investors in real estate are cautious knowing that they could be ensnared into pregnancy for their children to be part of the estate as heirs. Is there any legal recourse for a person trapped by these gold diggers?

Maria, Nairobi

Legally, it only takes a wealthy man to impregnate a woman to guarantee her child status as his heir.

According to the Law of Succession Act, even a fetus in the womb has a right to inherit the estate of his or her loaded biological father.

It is for similar reasons that some "side chicks" rush to court to claim their share in property after the delivery of babies.

Following the harsh realities, men with means are increasingly seeking legal advice from property lawyers before pulling their zips down.

They seek legal ways of preventing their flings from claiming slices of their property when the relationship hits the rocks. It is for similar reasons that law firms are gradually engaged to seek court orders directing that DNA tests be conducted to prove paternity.

At one time, Judy Wambui who claimed to have been married to deceased Olympic marathon champion Samuel Wanjiru underwent a DNA test following a court order.

The court-ordered paternity test conducted by Dr Sophie Mukwana at Biotech Forensics Laboratory in Nairobi, showed the probability was 99.99 percent that Wanjiru fathered Samuel Jones. Legally, courts will issue orders on paternity tests as long as it is convinced that it is in the best interest of the child, in line with the Constitution.

In daily legal practice, such children born out of wedlock are direct heirs of their biological fathers. Property laws stipulate how investments in real estate should be inherited by children when their biological fathers pass on.

Any child has the right to inherit the property of their biological father whether married to the mother of the baby or not.

The players would rather spoil the women with weekend outings in cottages in national parks than be in a come-we-stay relationship, which may be presumed to be a marriage.

- Harold Ayodo is an Advocate of the High Court of Kenya