MP who earns zero wants upkeep law changed

Homa Bay South MP Peter Kaluma has come out to fight for what he claims is the right of children born out of wedlock.

Kaluma wants to introduce changes to the Children Act which would give men same claims as women to children born out of wedlock.

The MP is currently facing a court case by his former wife, Martha Ojera seeking the custody of their nine-year-old son. She also wants child support for their seven-year-old daughter.

Although on the face of it Kaluma’s Bill appears to have been tailored to protect children born out of wedlock and relieve either of their parents from raising them on their own, the fine print of the Bill means that women will not only lose the almost exclusive legal custody rights of such children but also be denied the right to seek child maintenance from runaway husbands.

Kaluma’s ex-wife claims she has not seen their son since 2007 and wants the court to compel the MP to allow her see the boy.

The MP denied the claims arguing that the boy was comfortable staying with him.

“I’m taking care of the child. He is my first born son. I told the woman to gradually introduce herself as a member of the family, especially during church sessions so that the boy can get used to her, but she doesn’t want,” he said.

“Every time she holds the child, the boy wants to run to daddy. She must allow the boy to gradually accept living without his mother. She has been away for seven years. How do you suddenly tell your child that this is your mother? It is traumatising!” he said.

The section that the MP seeks to amend reads:

“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, the mother shall have parental responsibility at the first instance.”

He wants to substitute the clause with this:

“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 of the child shall have a superior right or claim against the other in the exercise of such parental responsibility.”

Sinister motive?

Kaluma who urged women to support the Bill since it is in their best interests, says the Bill was drafted last year and has nothing to do with his current woes.

“I am only speaking to protect the interest of children and women who have to take care of children on their own. There are many men who run away after impregnating women.

People should stop reading sinister motives in the Bill.” Adding that, “The Bill was drafted in 2013 and has nothing to do with ‘that woman’. I can state that I’m comfortable with my family.”

On further probing, Kaluma said his Bill will stop women who have taken advantage of the current legal provisions to ‘do business.’

“It is true that we have women who get children from multiple partners then they start moving to court seeking child maintenance from each of the men.

If the law is amended to expressly state that none of the partners has a superior claim, such men can comfortably take care of their children without having to be saddled with court claims,” he said.

No, I do not earn zero

The MP showed The Nairobian his current payslip and denied reports that he has been earning zero salary due to multiple deductions.

“The money I give to the woman and what I pay to the co-operative is part of my salary. There is no way I can be earning zero salary,” Kaluma said.

During the child maintenance case, Kaluma allegedly produced his payslip as part of his evidence.

The MP’s former partner is demanding Sh5,000 for food, Sh10,000 for rent, Sh1,500 clothing, school requirements as per the fees structure and medical cover.

Kaluma claims he is paying fees for hundreds of children in his constituency and wondered how he could not afford to provide for his daughter.

“If you go to my constituency, people will tell you that I have been signing cheques for children from poor families. Sometimes, I sign cheques until the leaves run out. Anybody saying I’m not maintaining my daughter is not being serious,” he said.