This archive report was first published on 19 August 2021.
MPs Back 50-50 Mandatory Child Upkeep ¶
On August 19, 2021, the National Assembly committee on Labour and Social Welfare approved the Children (Amendment) Bill, 2020, which places equal parental responsibility for children on both the mother and the father.
The Bill seeks to amend Section 24 of the Children Act of 2001 and align it to the Constitution, ending a scenario that has seen child upkeep disputes left to the court's interpretation.
According to Article 53(1)(e) of the Constitution, every parent has the right to protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not.
Child upkeep disputes have been on the surge, with the Judiciary saying that 1,745 cases were filed in 2019, up from 1,572 filed the previous year.
Dr Ruth Aura-Odhiambo, a senior lecturer and an advocate of the High Court, said in deciding children matters, courts have to put the best interest of the child first.
“The child is innocent and when one brings forth a child, one has to take full responsibility,” she said.
The committee's report awaits approval of the House. Parliament has a history of backing recommendations from House committees.
