The plight of the bastards: A look into the protection of ‘illegitimate’ children in Kenya.

Walusala, Maria
Journal Title
Journal ISSN
Volume Title
Strathmore University
My research paper looks into the protection of illegitimate children in Kenya. The paper considers how children being a vulnerable group in society are entitled to special protection and how deficit of in-depth and comprehensive laws to ensure this, has the ultimate effect of impairing the best interests of the children. My research highlights how different cases of illegitimacy are created in society. The point of doing this is to show that cases of illegitimacy are likely not to end as such it would be prudent for society and law to adapt and evolve. The paper also looks into why illegitimacy is disapproved of in society and the principles it is said to violate.
‘Legitimation is the creature of legislation. Its existence is solely dependent upon the law and policy of each particular sovereignty.’ 1 In this context legitimation means a legal benefit whereby a child is raised under certain conditions to the rank of a legitimate child. 2 The child being a vulnerable group in society and an important asset in the continuation of the human species is to be protected using all available resources in society. 3 Protections in this case is through rights that are afforded to them.