A Nakuru-based surgeon has petitioned the court seeking orders to have equal duration for both paternity and maternity leaves.
Dr Benjamin Magare Gikenyi, a consultant trauma and general surgeon, in his petition filed before the High Court in Nairobi, wants the court to extend the paternity leave to three months, same as maternity leave.
The petitioner in his sworn affidavit before court argues that the current law that gives women long parental leave duration compared to men is unfair and discriminatory on both genders especially men.
A Nakuru-based surgeon has petitioned the court seeking orders to have equal duration for both paternity and maternity leaves.
Dr Benjamin Magare Gikenyi, a consultant trauma and general surgeon, in his petition filed before the High Court in Nairobi, wants the court to extend the paternity leave to three months, same as maternity leave, in the interim pending stakeholders’ engagement or amendment by the Parliament to review the period.
“The petitioner is humbly requesting the court to order that paternity leave is three months same as maternity leave, until stakeholders’ engagement or an amendment by the parliament whichever comes early,” reads the petition.
The petitioner in his sworn affidavit before court argues that the current law that gives women long parental leave duration compared to men is unfair and discriminatory on both genders especially men.
According to him the law assumes that a father has no role or has a very limited role in a child’s development, an assumption he notes has no scientific, moral or societal proof.
Dr Magare notes that it is because of this discrimination that fathers fail to bond with their children, leading to them being disowned later in life when children choose their mothers over them.
On the other hand, he argues that the law has disadvantaged women at their places of work where employers decide to take advantage of the long period to replace them.
According to him some firm choose to employ more male workforce compared women who are considered to have a longer maternity leave, hence making them less productive to the company.
“That by virtue we have had paternity leave for just two weeks and maternity for three months does not make it right. Our constitution guarantees the right to no discrimination, the court ought to grant the same,” reads the application.
Dr Magare argues that the petition if determined in affirmative will lead to some organisation increasing the number of women employees as the price for fair labour practices as well as set a precedent to other neighbouring countries.
The Ministry of Labour and the Attorney General have been listed as interested parties in the petition. Other players are the Federation of Kenyan Employees, Central Organsation of Trade Unions, Trade Unions Congress of Kenya and Senate as well as the National Assembly.
Justice Jacob Gakeri in his ruling directed that the petition be served and responded to within 21 days.
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