Standard Reporter
23 July 2004
Nairobi — A four-year-old child has filed a suit seeking to strike out a section of the Children's Act, saying it is discriminatory.
The girl, through her mother, wants a constitutional court to strike out Section 24 (3) of the Children's Act, saying it discriminates against children born out of wedlock. She has further enjoined the Federation of Women Lawyers (Fida) in the suit.
According to the said section, if a child's father and mother are not married at the time of the child's birth, the mother assumes parental responsibility. The father can only acquire parental responsibility if he applies to the court. Alternatively, the father and mother may strike "a parental responsibility agreement' providing for the father to take responsibility for the child.
Two years ago, in what was seen as a landmark suit, the same girl sued the Attorney-General. Her mother says she conceived in the year 2000 through a relationship with a man with whom she was cohabiting in Nairobi.
Through lawyer Tom Kajwang', she told a two-judge bench that there should be no discrimination against women.
She says she is speaking for thousands of females who have been discriminated against because of their disadvantage, orientation or sex.
The woman says that at the time she conceived, she had a thriving business selling clothes while the alleged father was employed at SDV Transami Kenya Limited as a mechanic.
The man's attitude changed and her efforts to seek financial assistance from him were thwarted by guards at the SDV Transami Ltd offices.
The child is challenging various sections of the Act, which she says are inconsistent with the Constitution of Kenya in respect to protection of fundamental rights and freedoms of an individual.
The case was adjourned to September 21.
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