KAKAMEGA H.C C.P. No. 3 of 2014 FIDA KENYA & ANO. VS- AG & ANOTHER

This is a matter against the Registrar of Birth Certificates on the discrimination of children born to single mothers during issuing of birth certificates Apart from the requirement of the father’s National Identification Card to include him in the Birth Certificate which was addressed by Hon. Mumbi Ngugi in a different matter, FIDA Kenya is challenging the provisions of Sec.24 (3) of the Children’s Act in relation to the acquisition of parental responsibility by the father of a child where the mother is burdened with parental responsibility until the father opts to acquire the same as provided for under Sec. 25 of the said Act. FIDA Kenya also contends that the use of the terms “child born out of wedlock and unmarried mother” in the Children’s Act are discriminatory terms. And secondly, that “acquisition of parental responsibility” gives the father an opportunity to “choose” to accept responsibility whereas for a mother automatically bears responsibility. The father’s “economic status” is also given consideration. This goes against the Constitution on the equality in parental responsibility.

The matter is ongoing.