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"id": 1029759,
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"type": "speech",
"speaker_name": "Maragwa, JP",
"speaker_title": "Hon. (Ms.) Mary Njoroge",
"speaker": {
"id": 13421,
"legal_name": "Mary Wamaua Waithira Njoroge",
"slug": "mary-wamaua-waithira-njoroge"
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"content": "Registration entitles a child to a birth certificate which is issued from the returns compiled by the Registrar of Births. The United Nations Convention on the Rights of the Child recognises birth registration as a fundamental human right. There are so many other laws that we have passed in this country which give legal framework for birth registration in Kenya. We have Article 12(b) of the Constitution which states that: “(1) Every citizen is entitled to – (b) a Kenyan passport and any document of registration or identification issued by the State to citizens.” We also have another legal framework which is Article 53(2) of the Constitution of Kenya which provides that a child’s best interests are of paramount importance in every matter concerning the child. Therefore, when parents seek birth certificates and cannot access them due to the challenges they face in getting the records that are asked for, we deny the children this right. We also have the Kenya Citizenship and Immigration Act, 2011 which states the importance of acquiring this document. We also have the Births and Deaths Registration Act (Cap. 149) which governs registration of births in Kenya. There are many challenges one faces as a result of lacking a birth certificate. But before I go to the challenges, the reason I came up with this Motion is because the moment a child acquires a birth certificate, it gives proof of his or her age. It also ensures that a child can be enrolled in a school at the appropriate age. This document proves that child’s age. The moment parents do not get it as a requirement for primary and secondary school, then we are denying a right which is supposed to be given. A child’s social and economic rights are protected like right to education, protection from physical abuse, forced labour and marriage. This is the same document that we use to tell the age of a child. That is how we prove one is a minor who has been sexually abused. That is how we are able to tell if a child is being subjected to labour whereas he or she has not acquired the required age. The birth certificate also gives proof of age, so that one can apply for an ID card. It proves you have attained 18 years and you are supposed to provide a birth certificate to show you have acquired that age. Therefore, it is rightfully your time to apply and acquire an ID card. This will enable you to get into other areas like the constitutional right to vote. Therefore, we The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}