Friday, December 01, 2006

The law is truly an ass

today the high court dismissed a case filed by a small girl seeking to strike out sections of the children's Act.

the girl, wanted the court to find that children born out of wedlock had a right to be supported by the father.

what the act does is oppressive to woimen because it places the burden of bringing up a kid born out of wedlock on women.

the court had been urged to make an order that the provisions favors kids in a family set up and discriminates aganist those out of wedlock. in case of divorce, a kid can compel the further to support but in case of illegitimate children......nothing.

high court judges Joseph Nyamu and Mohammed Ibrahim ruled that to strike out the provisions would be retrogressive and unforgivable.....

so you can forgive a father who adsonds his responsibility and heaps it on the mother...... truly an ass.....


Kenya Imagine said...

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now, wacha I read your post and respond accordingly.

Anonymous said...

That is horrible. I lived in Kenya till I was 26, now I live in the East End of London, a poverty stricken area as compared to most of London, but, oh my goodness. The difference that a few laws make to how I can hold up my head!

What I have been hearing lately out of Kenya about the doings of the law show some very poor judgement being displayed on the part of lawmakers, not just judges but Parliament too. Kwani they are ignorant of the influence of a law on the standing of a person in the consciousness of a society?

Which logic possibly defines giving rights to 'illegitimate' children as 'retrogressive'? How is a person of less value because his or her parents skipped a legal procedure? How do these men sleep at night? Even more interestingly -would they have delivered the same judgement had the child been male?

Anonymous said...

A rather sad ruling but I guess that should compel women to wait till they are married to have children. This thing of single mothers in Kenya has become excessive.

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