, NAIROBI, Kenya, May 26 – The High Court has declared that children born out of wedlock shall have the name of their father inserted in their birth certificates as a right.
According to Justice Mumbi Ngugi, Section 12 of the Registration of Births and Deaths Act is unconstitutional and violates Article 27 of the Constitution.
She points out that the statute only allows the names to be included with the consent of the fathers.
The Attorney General has now been given 45 days to comply with the directive and make the necessary legislation.
Under the Registration of Births and Deaths Act, a child’s mother cannot enter the name of the father of the child in the birth certificate without the father’s consent in the case of children born out of wedlock.
More details to follow…