This archive report was first published on 25 December 2019.
On December 25, 2019, a single mother, Jael, shared her story with the Nation, highlighting the challenges she faced after separating from her Luhya partner.
After a year-long relationship, Jael and her partner parted ways, leaving her to raise their daughter as a single parent. The partner took the birth certificate with him, leaving Jael to process a new one.
As a single mother, Jael had to enroll her daughter in school, requiring a birth certificate. She had to process a new one, which raised concerns about the potential effects on her daughter's future.
Several issues arise from this situation: the existence of two birth certificates for one person, the potential impact on the child, and the legal implications for the absent parent.
The replacement of the birth certificate renders the initial registration null and void, making the old certificate non-existent in the eyes of the law.
Registration of a child's birth and inclusion of both parents' names affirm parental responsibility, the child's full identity, and reduce the likelihood of future litigation.
Although inclusion of both parents' names may not compel an absent parent to take up responsibility, it allows the child to grow up knowing they have a father, rather than a series of unknowns in the birth certificate.
The legal implications of replacing a birth certificate without the father's name are similar, regardless of the father's tribe.
Ultimately, the effect of deleting the father's name from the birth certificate is more psychosocial than legal, with potential consequences for the child's future.
