Law Society of Kenya opposes Kaluma bill

Monday, March 9th, 2020 00:00 |
Law Society of Kenya President Nelson Havi. Photo/PD/File

Hillary Mageka @hillarymageka

The Law Society of Kenya (LSK) has asked Parliament to reject a proposal to lock out unmarried magistrates from handling disputes involving children.

Society President Nelson Havi and chief executive Mercy Wambua termed the proposed law  retrogressive, illegal and unconstitutional.

The Children Amendment Bill by Homa Bay Town MP Peter Kaluma, which has been adopted by the National Assembly Labour and Social Welfare Committee seeks to amend Section 24 of the  Act to allow men equal rights to children born out of wedlock.

Discriminating law

“So lazy is the proposal that it cannot convince paint to dry,” Havi said, as Wambua wondered how Parliament can adopt such a proposal.

“This is discriminatory and unconstitutional. We need to oppose the bill,” she said. 

Their views were shared by Senior Counsel Prof Tom Ojienda, who urged Kaluma to withdraw the proposal as it is “outrightly discriminatory and outlawed under our constitution”.

“We need people who are mature and have run families; people who are settled and know that every decision they make can destroy the life of a child completely,” Kaluma had told the committee chaired by Bura MP Ali Wario while defending the proposal.

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