Birth Certificates in Kenya: Father’s name cannot be listed without his permission unless he is married to the mother?

British East Africa Swahili woman with child 1921 postcard Kenya

It appears that there is a case (or at least there was in Dec. 2014) before the High Court of Kenya challenging Section 12 of the Birth and Deaths Registration Act.  Sections 12 of the said acts reads:

No person shall be entered in the register as the father of any child except either at the joint request of the father and mother or upon the production to the registrar of such evidence as he may require that the father and mother were married according to law or, in accordance with some recognized custom.

Cap 149 Kenya births and deaths registration entry of father in registerFor the complete text of the Births and Death Registration Act (Cap. 149) click on the image below:

Cap 149 Kenya births and deaths registration Obama

A reporter, Kamau Muthoni, writing for the Standard (digital version) newspaper wrote an article regarding the Kenyan woman who, with her attorney, initiated the litigation:

Mother wants child named after reluctant dad (Dec. 22, 2014)

The woman’s name was not released because the litigation involves a minor. Apparently the woman in this case is a mother of a four (4) years of age child (daughter).

Evidently the case was filed against the Attorney General of Kenya  Githu Muigai and the Registrar of Births and Deaths.

Attorney General Githu Muigai was born (1960) the year before Barack Obama (1961) and like Obama he also has a degree, LL.M. – Master of Laws (1986), from Columbia University in New York.

Sources regarding Muigai graduating from Columbia University:

(a) Business Daily (Africa): Parliament to vet three nominees for top public offices, by Muna Wahome. August 24, 2011.

(b) Mohammed Muigai Advocates (Commissioners of Oaths and Notaries Public):  The Chambers Global Guide 2011, by Mohammedmuigai.com. 2011.

Githu Muigai assumed office of Attorney General of Kenya on or about August 27, 2011.

It appears that the Kenyan woman (unnamed) who brought the litigation in the High Court of Kenya is not married to the father of the child nor was she married to him at the time of the child’s birth.

Evidently the father in this case doesn’t want to be listed on the birth certificate. As he was never married to the mother, he can, by law, choose to not allow his name to be entered on the birth certificate of his daughter.

As the law currently reads it appears that even if the mother had DNA evidence which indicated that this man is the father of her child she would still not be permitted to have his name entered on the birth certificate.

From what I can ascertain there are many children in Kenya, born out of wedlock, whose birth certificates list the letters XXXXX in lieu of a father’s name.

To be clear here, it doesn’t appear that the father is denying that he is the biological father of the child.  The issue here is that he doesn’t want his name to be listed on the birth certificate.  Moreover, the current law appears to be on his side.

It seems that the father doesn’t want the child to be officially recognized (e.g., surname and family rights) as his own.

In an affidavit the unnamed mother stated, “I remember at one time my daughter asking me who her dad was and imagined that since she had started school she could hear other children talk about their family and realised she is missing something. Indeed, the child’s family tree has a loosely hanging dead branch if they do not know their father.”

Some of us Americans might assume that the word ‘realised’ in the affidavit was misspelled by the unnamed mother, her attorney or by the reporter at the Standard.

I don’t know why but a lot of us Americans think that America, a country which declared their independence in 1776, or less than only 240 years ago, invented everything, including the English language.

I don’t know exactly why (I’ve read several different opinions/theories – feel free to cite yours in comments section and pretend that whatever you just picked up from your particular online source is truth) but at some point Americans started swapping the “z” for “s” in many words.  In British English “realise” (with an s) is still the preferred, and most common, spelling.

However, in the spirit of accuracy, I believe that “realize” (with a z) may have been in use, in other parts of the world (perhaps including inside of England?), at least to some small degree, many years before the United States was a country.  I’m not for certain, but if you really need to know please find out and (with at least some evidence) let us here at WOBIK know what you found.

It seems that there’s a big problem in America today with the English language.  White Americans have been altering the English language for a long time now, often simplifying it while at other times pretending, academically, to create rules for a true, grammatically correct and authorized version of English.

Yet when black Americans spell a word differently or pronounce it with varied pronunciation some of us think that it is they (i.e., black Americans) who are altering and knocking down the English language or that they are mentally deficient or that they are just wholly uneducated and ignorant.

Another argument made within the litigation is that if there aren’t records (birth certificates) of who the fathers are that this could lead to children marrying their siblings (which is a crime punishable with a 5 year prison sentence in Kenya).

Marrying a sibling because you didn’t know that they were your sibling might sound odd to most of us Americans.  However, it’s not. I’ve seen trouble like this in the Dominican Republic.

Perhaps one of the long lasting impacts of the Protestant strand (?) of the fabric of America is that it’s made sex a bad, bad very bad thing in our world.

Up until at least the year 2005 there was a law in Virginia against unmarried people having sex: Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor.

18.2-344 Fornication Virginia Code

Supposedly the Virginia Supreme Court decision,  Martin v. Ziherl,  607 S.E.2d 367 (Va. 2005), held that the Virginia criminal law against fornication was unconstitutional (citing SCOTUS in  Lawrence v. Texas, 539 U.S. 558 (2003) which struck down sodomy laws in Texas).

However, the Virginia sex law still shows up in 2015 online in the Code of Virginia:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-344

It’s not like this everywhere in the world.  Sex isn’t an inherently bad thing nor is having it with many people, or having it many times in a single day.  There’s also nothing wrong with marrying and having sex with just that one person.  It’s a personal preference and a person can make their own decisions on how exactly to conduct their sexual life.

To put things in perspective many Americans (and most certainly Europeans) are automatically considered as gay (homosexual, or at least bisexual), by the locals, when vacationing in some places in Africa, South and Central America.  I suppose it’s a just a stereotype but its based on long standing cultural differences regarding sex.

Any any rate, let’s get back to the story regarding the unnamed mother’s (and her attorney’s) position that if there aren’t records (birth certificates) which contain the names of the fathers that this could lead to children growing up and marrying their siblings (which in Kenya is a crime punishable with what appears to be up to a 5 year prison sentence).

I understand unnamed mother’s (and her attorney’s) position. I’m not saying that I am for it or against it, but I do understand.

What I do know is that there are men in the Dominican Republic who have dozens of children, often within in the same city. When these children reach a certain age their fathers sometimes, for the first time, tell them about their other brothers and sisters so that they will not, innocently, sleep with them (not knowing that they are siblings).

The unnamed mother’s case has also attracted the attention of the Kenya National Human Rights Commission and also the Law Society of Kenya.

One attorney referred to as Chigiti (this Chigiti John Mugwimi?) stated that, “There is no way the child can know his or her condition like high blood pressure, diabetes or possibilities of suffering from chronic illness which stems from the father’s condition if he does not know who the father is.”

I’m not sure how I feel about Chigiti’s remark. He’s starting to sound somewhat like Alvin Onaka in Hawaii (from non-Birther stuff I’ve read about him).

In any event, I’ve linked Kamau Muthoni’s (reporter writing from the Standard newspaper in Kenya) article in the foregoing and here it is again for those who are interested:

Mother wants child named after reluctant dad (Dec. 22, 2014)

I take no sides in this case and only offer it here for review at WOBIK because it helps us all understand that the rules and laws regarding birth certificates in Kenya and within the United States are very different.  Skeptics, as well as readers who are impartial, should take that into consideration when reviewing Barack Hussein Obama II’s 1961 (2009 certified copy) Coast Province General Hospital, Mombasa, British Protectorate of Kenya, Certificate of Birth.

Lastly, the postcard presented at the head of today’s report features what is printed in text on the card as being a Swahili woman (with her baby being carried on her back) in British East Africa.  The postcard was stamped and postmarked (Nairobi) July 24, 1921.

We chose this particular image because today’s report is about an unnamed mother and her young child in Kenya.

However, please make note of the date format used on the postmarks:  JU 24 1921

Most postmarks that you find on mail, postcards and letters from British East Africa and Colonial Kenya would have been listed as:  24 JU 1921

Does the unusual date format make this postcard (or at least the postmark on it) a forgery?

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

This entry was posted in birth announcements, Birth Certificates that aid in authenticating "president" Barack Obama's Kenya birth certificate, Eligibility, Obama birth certificate, Obama News, Obama Social Security Number (SSN), paper antiquities and tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

14 Responses to Birth Certificates in Kenya: Father’s name cannot be listed without his permission unless he is married to the mother?

  1. I can’t make out some names, and one of the words, written on the postcard featured in the report. Please post them if you can make them out (or if you have an idea). Here’s what I have now:

    Nairobi, East Africa
    23 June

    Dear XX Can’t make out the name XX,

    This is how all the babies are carried. They seem quite comfortable and don’t cry. The are black as coal. They don’t XX Is this the word “strike”? XX! Many happy returns of your birthday.

    Love from Auntie Margaret

    [Send to]

    XX Cant make out these names XX
    107 Smithdown Rd
    Liverpool
    England

  2. Ok, I think the word in the message really is “strike” as in she (Auntie Margaret) was making a comical reference to coal workers/miners going on strike. It obviously looks like the word ‘strike’ its just that I didn’t get the context right at first until I thought more about what it’s significance could be.

    The names I’m still not certain. The surname looks like Barr or Rarr. The first name/word looks like its just Master (or possibly Mister).

    The only part that I’m having trouble even guessing at is the other part of the name starting with a C (or I think it’s a C).

    Anyone reading please help if you can.

  3. I believe that remaining name must be Cyril. It almost looks obvious looking at it now.

    It’s just one of those things where the name is not a very familiar one (to me at least) but since it’s not really what I think of as a ‘foreign’ name (and it’s an English person) so the mind tries to make sense of other context rather than just the obvious letters you’d see if it were just letters strewn together without much other context.

  4. I found a Cyril Barr in Africa from the 1920’s but it’s not the one who the featured postcard was sent to in 1921.

    This one wasn’t born until May 7, 1928 in Springs, Gauteng, South Africa:

  5. bob says:

    The colour of your article has no humour.

    Dude, you are an idiot.

    Seriously.

  6. bob says:

    @ bob:
    I don’t know why but a lot of us Americans think that America, a country which declared their independence in 1776, or less than only 240 years ago, invented everything, including the English language.

    I don’t know exactly why (I’ve read several different opinions/theories – feel free to cite yours in comments section and pretend that whatever you just picked up from your particular online source is truth) but at some point Americans started swapping the “z” for “s” in many words. In British English “realise” (with an s) is still the preferred, and most common, spelling.

    you don’t understand?

    fucking shocking.

    LLDS is a douchebag

  7. Rambo Ike says:

    @ SlowBob:

    As an American you look to be quite critical of your country. Nothing unusual about that as it’s what I’ve experienced dealing with Obots, especially with Dr Con & his useful idiot flock.

    There has been some spelling changes to the English language. For example; SlowBob would of been written FlowBob during the founding period.

  8. BobJ says:

    @ Rambo Ike:

    You don’t even know to whom you are responding.

    Ike writes:
    “There has been some spelling changes to the English language. For example; SlowBob would of been written FlowBob during the founding period.”

    It is would have, not would of.

    Will Ike ever learn?

    Will Larry ever tell the truth?

    Will Bruce ever wake up?

    Will LLDS ever be released?

    Will ALLCAPS ever get a clue?

    Probably not.

  9. Rambo Ike says:

    @ SlowBob:

    I must of hit the target because Slow responded.

  10. BobJ says:

    @ Rambo Ike:
    you are a funny guy Lyingike.

    Say, you never did answer the question of what embarrass means as a legal term.

    When will you apologize for you obvious error?

  11. Rambo Ike says:

    @ Slow:

    There is no further need for me to explain. If you and your fellow Obots haven’t caught on by now then we of the common sense world will have to consider you & other Obots at Gerbil Report as being retarded.

    You started with a false claim by attaching to me what someone else typed. I said “From the article”. What was it from the article I was pointing out? It definitely wasn’t “could be an embarrassment”. That’s a fact.

    When Dude joined in with you to further mislead I gave “my opinion” on Judge Lind’s ruling. I didn’t present it as fact but something I’ve always believed.

    You followed your original false claim in the same comment with a Pot-Kettle rendition of correcting my use of English & grammar while you make more errors than me. Just in your reply to me here you’ve made 4 errors in 3 sentences.

    Re: Slow: “Yet Ike thinks he knows how to translate a specific word in a legal sense better than a native speaker who is a lawyer.”

    Who has had 2 of their errors in translation recently corrected? Who has been pointing those errors out for 3 years?

  12. BobJ says:

    @ Rambo Ike:
    You really don’t know what an error is, do you?

    You did not show translation errors. You pointed out typos. The same thing you do in my writing. Typos are not grammar errors. You don’t speak French. You don’t speak Korean. You barely communicate in English.

    When are you going to admit that you did not understand the legal definition of the word embarrass before you let your fat fingers show indignation?

    You claimed to weigh both sides of an argument before coming to a conclusion, yet you parroted a birther article without verifying the information. Now you look more foolish than usual. That has to sting.

    Remember that all birthers are morons, liars OR racists.

    Which one are you?

  13. Rambo Ike says:

    @ Slow:

    RE: You really don’t know what an error is, do you?

    ~Yes I do, I make them and so do you.

    RE: You did not show translation errors. You pointed out typos. The same thing you do in my writing. Typos are not grammar errors. You don’t speak French. You don’t speak Korean. You barely communicate in English.

    ~If you mean Lupin’s translation then, yes, those were/are translation errors.

    ~In your comments I said errors.

    RE: When are you going to admit that you did not understand the legal definition of the word embarrass before you let your fat fingers show indignation?

    ~I never gave it any thought before some silly Obots made a major deal over it.

    RE: You claimed to weigh both sides of an argument before coming to a conclusion, yet you parroted a birther article without verifying the information. Now you look more foolish than usual. That has to sting.

    ~I agree with the content of the article, and have said the same years before the article.

    ~I weighed your lies and you were found guilty. No one outed you on where you live or messed with some site you supposedly have. Until you correct that I won’t reply to any more of your nonsense.

  14. BobJ says:

    @ Rambo Ike:

    Way to talk out of your ass.

    Typical ike.

    Talking loud, and saying nothing.

    Just because you want to believe what someone writes, does not make it real.

    Keep ducking reality. It is your only online skill.

Leave a Reply

Your email address will not be published. Required fields are marked *

The maximum upload file size: 512 MB. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Drop file here