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Men’s organisation wants CJ to quash ruling on birth certificates

Maendeleo ya Wanaume Organisation has given the Chief Justice 11 days to overturn a ruling that allows the inclusion of men’s names in children’s birth certificates without their consent, failure to which it will go to court.

In a petition filed on Monday, the organisation said Justice Mumbi Ngugi’s ruling was unconstitutional and would encourage “manipulative” women to take advantage of men.


“This ruling is ready meat for gold-diggers who will use it selfishly,” said the organisation’s chairman Nderitu Njoka.

Mr Njoka said the judge overstepped her mandate by declaring a section of the Birth and Deaths Registration Act unconstitutional, adding that the issue should have been left to Parliament.

He said the public and other stakeholders should have been consulted before part of the law was declared unconstitutional.

“We do not object the verdict on the case of the single mother who challenged the law … This is the first time our Constitution has been violated in broad daylight by a judge of the High Court single-handedly,” he said.


Justice Ngugi argued that children, including those born out of wedlock, were entitled to a name.

Mr Njoka said that would create a crisis, especially for vulnerable older men with property.

“Consent or no consent of the man in the birth certificate matter is a serious issue and should be handled with the weight it deserves. Where there is contention over the father’s identity, the dispute should be resolved first through DNA testing,” said Mr Njoka, adding that the ruling went against customary law.