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{
    "id": 1044100,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1044100/?format=api",
    "text_counter": 19,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Hon. Members, you may recall that towards the end of the last Session the National Assembly passed the Employment (Amendment) Bill (National Assembly Bill No. 15 of 2019). The Bill was sponsored by the Member for Gilgil Constituency, the Hon. Martha Wangari, MP. Following its passage, I did present the Bill for assent to His Excellency the President in accordance with the provisions of the Constitution and our Standing Orders. However, in exercise of the powers conferred under Article 115(1)(b) of the Constitution, His Excellency the President, by way of a memorandum, has since referred the Bill back to the National Assembly for reconsideration. In his Memorandum, the President has expressed reservations on sub-clauses (4), (5) and (6) of Clause 3 of the Bill which sought to insert a New Section 29A to provide for pre-adoptive leave to parents of a child born as a result of a surrogate motherhood agreement. The proposed new section provides that a parent of a child born through surrogacy shall be entitled to parental leave with full pay. It thereafter sets out the procedure for applying for such leave. Amongst the reasons for his reservations, His Excellency the President notes that amending the law in the manner proposed in the Bill will lead to surrogacy agreements operating in a vacuum in terms of absence of a substantive legal and regulatory framework governing surrogacy in Kenya. While noting that surrogacy is a novel reproductive science, His Excellency the President observed that it touches on children, reproductive rights and the concept of family. Therefore, there is need to first put in place a rigorous substantive legal and regulatory framework to protect all parties within the surrogacy agreements. His Excellency the President also objects to the proposal on grounds that the provisions relating to surrogate motherhood agreements are of a substantive nature hence necessitating the formulation of a comprehensive policy arrived at after broad public participation and stakeholder engagements that will inform legislative positions. Consequently, the President recommends deletion of sub-clauses (4), (5) and (6) of Clause 3 of the Bill. Hon. Members, Standing Order 154(2) requires the House to consider the President’s Reservations within 21 days upon receipt of the Memorandum. In this regard, the Reservations of the President, as contained in his Memorandum, now stand committed to the Departmental Committee on Labour and Social Welfare for consideration. The Committee should table its Report soonest to allow the House to consider the President’s Reservations within the said timelines. The consideration of the President’s Reservations will be done in accordance with the provisions of Article 115 of the Constitution as well as the Speaker’s Communication of 28th July 2015 relating to consideration of the President’s Reservations to a Bill and amendments thereto. I now direct that the Clerk circulates the Memorandum of His Excellency the President on the said Bill to all Members so that they familiarise themselves with its contents. I thank you."
}