Men seek equal child custody right

MPs have begun debating a proposed law that could give men an equal right of access and upkeep to their children born out of wedlock.

The proposed amendment to the Children’s Act, if approved, will give men the right to live with and provide for the children without having to cater for their mothers.

The second reading of the Bill sponsored by Homa Bay Town MP Peter Kaluma Wednesday drew an unusual interest from MPs, with the session ending before many had contributed.  

The proposed changes could split Parliament along gender lines, a catalyst for emotional and acrimonious debate.

Mr Kaluma wants the law changed so that when a child’s parents are not married at the time of the child’s birth and do not get married thereafter, the father and mother have an equal parental responsibility.

The key amendment says “neither the father nor the mother of the child shall have a superior right or claim against the other in the exercise of such parental responsibility”.

The MP also wants parts of the Act that require the father to get a court order or an agreement signed between him and the mother before he can contribute to the upkeep deleted.

The Act states that in cases where a child’s parents were not married at the time of the child’s birth and do not formalise their union, “the mother shall have parental responsibility at the first instance”. It says the father may only get parental responsibility if he applies to a court and a ruling is made in his favour or if the parents sign an agreement.

The Homa Bay Town MP bases his argument on Article 53 of the Constitution that states: “Every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not.”

The effect of his proposal will be that men will be shielded from maintenance demands or suits by women with whom they have children out of wedlock.

“Hakuna mwanaharamu, kitendo ndicho haramu (no child is illegitimate, the act is),” said Mr Kaluma, employing the Kiswahili proverb.

DECLARE INTEREST

However, one MP sought to have him declare whether he had personal interest in the matter as he had been sued by his former wife for the custody their nine-year old son.

Mr Kaluma was ready to answer, but temporary Speaker Tom Kajwang’ ruled that Ms Jessica Mbalu (Kibwezi East, Wiper) would have to prove that he indeed had interest.

Nyeri Woman Representative Priscilla Nyokabi warned that women MPs would look at the law carefully before deciding whether to support it.