Children Act Kenya: The government is pushing for a law that will have step parents of children born out of wedlock assume mandatory child upkeep after marrying the kids’ parents. According to the Children Bill, 2021 which is seeking to repeal the Children Act, 2001, parents of the child shall have parental responsibility for the child on an equal basis where a child is born in wedlock.
“Neither the father nor the mother of the child shall have a superior right or claim against the other in the exercise of such parental responsibility. Where a child is born out of wedlock, and the parents of the child subsequently get married to each other, the parents shall have parental responsibility for the child on an equal basis,” says the Bill that is sponsored by the leader of Majority Amos Kimunya.
The proposed Bill further states that in the event either or both parents of the child subsequently marry other persons, the parent assuming legal custody of the child shall be entitled to exercise parental responsibility for the child. “Two or more persons may have and exercise concurrent parental responsibility for the same child,” says the Bill.
It also notably states that a child found in Kenya who is under eight years whose nationality and parents are not known will be presumed a citizen by birth.
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The Bill has also prohibited the sentencing of kids to death in the event they ever commit any offence. “No court shall pass a death sentence for any offence committed by a child,” it says. This Bills comes hot in the heels of a related attempt by Homa Bay Member of Parliament Peter Kaluma. Mr. Kaluma, in a Bill is seeking to have child upkeep based on a fifty fifty basis. Currently, financial upkeep is largely provided for by the child’s father.
