High Court judge Teresiah Matheka has declared that carrying a pregnancy to a full term be considered routine work.
She noted that in recent times couples have been acquiring services of surrogate mothers. But she suggested that it should be treated as work for mothers carrying pregnancy same as the surrogate counterparts who are contracted and paid to do the same.
She was presiding over a matrimonial property dispute, where a divorced lady sought to have their property sold and money shared equally between her and her ex-husband. So Teresiah said that it was unfair for courts to rule that housewives have no significant contribution to the financial progression of a family.
The judge also held that child-rearing and housewifery should be treated as routine work in which those partaking in it can be paid.
“Raising children is a full-time job that families pay a person to do. Cooking and cleaning as well. Hence, for a woman in employment who has to balance childbearing and rearing this contribution must be considered,” she said in part.
Matheka said it’s unfair to say that one has to contribute money in the marriage to find value.
“It is easy for the spouse working away from home and sending money to lay claim to the whole property purchased and developed with that money by the spouse staying at home and taking care of the children and the family. It will be heard that the spouse at home was not employed thus they contributed nothing,” she said.
The judge also urged her fellows to consider the 9 months of pregnancy when presiding over cases of matrimonial disputes.
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