Child custody Bill splits lawmakers

Female MPs have accused their male colleagues of plotting to have men split child maintenance costs with their former partners through a Bill that seeks to impose responsibility on both parents.

Debate on the Children Amendment Bill 2014 ended yesterday, with the issue of 'equal parental responsibility' splitting the House along gender and cultural lines.

"Where a child's father and mother were not married to each other at the time of the child's birth and have not subsequently married each other, they shall have parental responsibility for the child and neither the father nor the mother shall have superior right or claim against the other in the exercise of such parental responsibility," the Bill reads in part.

The Bill, moved by Peter Kaluma (Homa Bay), generated heat on the floor of the House, with members demanding to know how such responsibility will be shared.

Female MPs who contributed to the debate said the Bill could be designed to have men abdicate their responsibility of providing for such children and circumvent the law.

The current provisions under Article 24 (A) of the Children's Act grants the mother child responsibility at the first instance.

This means courts are compelled to grant the custody of such children to the mother, leaving men battling to pay child maintenance costs.

Priscilla Nyokabi (Nyeri) said women MPs will scrutinise the Bill to ensure it is not prejudicial to the interests of women.

"Children below the age of seven years are best left with the mothers for the purpose of breastfeeding and early child development. As women parliamentarians, we are going to look at the Bill carefully. If it is going to require women to be subjected to equal payment for maintenance costs, we will oppose it," she warned.

Joyce Emanikor (Turkana) accused rich men of seeking to run away from child responsibility.

However, Mr Kaluma told the House that the current provisions are inconsistent with the Constitution as they deny a child born out of wedlock the love and care of both parents. He denied claims that there was an ill motive behind the Bill.

"You are limiting the rights of the child for care by both parents as defined in the Constitution. These provisions are inconsistent with the aspirations of the Kenyan people," he said.

Irungu Kangata (Kiharu) and Junet Mohammed (Suna East) supported the Bill, saying it will put brakes on women who have used the current provisions to blackmail men through court suits.

"Women have resorted to blackmailing men on court orders, since they have automatic rights in the first instance. We have seen situations where men have been exploited. It is therefore going to bring some equality," said Mr Kangata.