Maendeleo ya Wanaume to appeal ruling on inclusion of fathers names of birth certificates

Maendeleo ya Wanaume Organization Chairman Nderitu Njoka has said that he will appeal against the ruling by Lady Justice Mumbi Ngugi that declared Section 12 of the Birth and Death Registration Act unconstitutional.

According to the ruling, children born out of wedlock can now have the names of their fathers included in their birth records.

Njoka says that men were not consulted regarding the issue, adding that Kenyan men will not marry a woman who has a child that bears the name of another man.

“Our stand is that it should be optional for the woman to put the name of the father. Some ladies do not wish to disclose the name of the father of the child,” argued Njoka.

“Men have been marrying ladies with children and when that happens, the man usually assumes the role of the father. This law will bring a lot of division and crisis,” he added.

In her ruling on Thursday, Justice Mumbi said that every child has a right to have the name of his or her father on their birth certificate.

This is after a single mother went to court challenging the constitutionality of the Registration of Births and Deaths Act, saying it should be declared null and void. There are 450 related cases already in court.

The law prohibited a mother from entering the biological father’s name on a birth certificate without the man’s consent.

FIDA said the ruling now allows the succession and inheritance of wealth as the child is linked legitimately to the father.

The judge’s order takes effect immediately while the attorney general has 45 days to entrench it in law.