First Word 15
Hi!
It is great news for dads in Kenya as they officially head off to the new world of paternity leave! So, is the law really an ass as popularly quoted?
Many years ago when I was in high school, I came across the novel Oliver Twist (1838) by Charles Dickens (1812-70). One character in the novel, Mr. Bumble, was accused of theft. After ascertaining his wife had left the room, Mr. Bumble attempted to blame her by telling the solicitor. ‘It was all Mrs. Bumble.’ The solicitor would not hear of it. He told off Mr. Bumble. ‘That is no excuse because you were present on the occasion…and. indeed, you are the more guilty of the two. in the eye of the law: for the law supposes that your wife acts under your direction.’
We have indeed come a long way. Consider this excerpt from Wikipedia: Under traditional English common law…through marriage a woman’s existence was incorporated into that of her husband, so that she had very few recognized individual rights of her own. As it has been pithily expressed, husband and wife were one person as far as the law was concerned, and that person was the husband. A married woman could not own property, sign legal documents or enter into a contract, obtain an education against her husband’s wishes, or keep a salary for herself. If a wife was permitted to work…she was required to relinquish her wages to her husband. In certain cases, a woman did not have individual legal liability for her misdeeds, since it was legally assumed that she was acting under the orders of her husband, and generally a husband and wife were not allowed to testify either for or against each other.’
Back to Oliver Twist, a clearly annoyed Mr. Bumble, squeezing his hat emphatically in both hands, apparently did not see why he should be held responsible for his wife’s actions. He felt the law was blind and retorted. ‘If the law supposes that…the law is an ass—an idiot. If that’s the eye of the law, the law is a bachelor: and the worst I wish the law is that his eye may be opened by experience—by experience.*
The eye of Kenya’s employment law seems to have finally seen some light, thanks to the new Employment Act that has come to recognize the need for a man to be with his wife once she has delivered a baby. Fathers—sorry. I do not think the two weeks provided by the law arc for a time out with the boys!
The new law also makes it mandatory for an employer to avail three months’ maternity leave for pregnant women, besides the mandatory 21 days’ annual leave for all employees. For mums who choose to take both maternity and annual leave at one go. it’s a comfortable four months to do what a new mum ought to do—nourish her newborn in a manner that will give our nation a strong future generation. But take caution—do not exhaust all your annual leave days, as you may need them in later months as your baby’s needs increase!
Do enjoy your leave when it comes.
God’s love.
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