This archive report was first published on 17 September 2021.
Kenya is set to introduce a new law that will make it harder for men who sire children out of wedlock to escape parental responsibility.
The Children Bill 2021, which is set to be introduced in the National Assembly, seeks to repeal the Children Act of 2001, which states that parental duty in the first instance lies with the mother.
According to the Bill, both parents will have parental responsibility at the outset, regardless of whether they were married at the time of the child's birth.
This provision will replace Section 24(3) of the Act, which stipulates that only the mother shall have parental responsibility at the first instance where the parents are not married.
The Bill also provides that every child separated from one or both parents shall have the right to maintain personal relations and direct contact with them, unless it is shown to the satisfaction of the court that such contact is not in the best interest of the child.
High Court Judge Mumbi Ngugi had previously sought to seal a loophole that deadbeat fathers have exploited to escape their duties, declaring Section 24(3) of the Children Act unconstitutional in 2013.
The new law will also give men unlimited access to their children born out of wedlock without necessarily requiring a court order, a move that has been welcomed by many as a major boost for fathers' rights.
However, the Bill has also been criticized for potentially putting mothers in a difficult position, as they may be forced to share parental responsibility with fathers who are not willing to take on their duties.
Under the new law, any person who hinders another party from accessing the child commits an offence and shall upon conviction be liable to imprisonment for a term not exceeding one year or to a fine not exceeding Sh500,000, or both.
Additionally, any person who breaches parental responsibility shall be liable to imprisonment for a term not exceeding a year or to a fine of Sh500,000.
