Department of registration of births in Kisumu. Photo/File
Children born out of wedlock to bear father’s name in birth certificate, Judge rules
All children born to mothers out of wedlock have a right to have their father’s name inserted into their birth certificates, the court has ruled.
The good news for single mothers came after Judge Mumbi Ngugi declared section 12 of Births and Deaths Registration Act unconstitutional.
The section indicates that fathers should be consulted before his name is inserted in a birth certificate.
“No person shall be entered in the register as the father of any child except either at the joint request of the father and mother or upon the production to the registrar of such evidence as he may require that the father and mother were married according to law or, in accordance with some recognized custom.”
A single mother had challenged its validity in court last week.
The Attorney General has been given 45 days to comply with the directive and make the necessary legislation.