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{
    "id": 1052687,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1052687/?format=api",
    "text_counter": 236,
    "type": "speech",
    "speaker_name": "Chepalungu, CCM",
    "speaker_title": "Hon. Gideon Koske",
    "speaker": {
        "id": 13318,
        "legal_name": "Gideon Kimutai Koske",
        "slug": "gideon-kimutai-koske"
    },
    "content": " Thank you, Hon. Temporary Deputy Chairman. I agree with what His Excellency the President feels that he is not comfortable with in assenting to this Bill. These are the reasons that we gave out, as the Committee: The Committee held a meeting on Monday, 15th February 2021, to deliberate on the President’s Reservations to the Employment (Amendment) Bill of 2019. In consideration of the Memorandum, the Committee was persuaded that the President’s reasons for refusal to assent to the Bill were valid. The proposed provisions granting parental and paternal leave to parents of a child born out of surrogate motherhood agreement were adopted by the Committee after receiving submissions on the same from various stakeholders during public participation. At the time, the Committee was convinced that this situation presented unique circumstances and found it prudent to accord special consideration to parents who intend to obtain leave, to enable them care for and apply for adoption of children born as a result of surrogate motherhood agreements. Hon. Temporary Deputy Chairman, surrogacy is still a novel reproductive science in Kenya. As such, it operates in an unregulated manner and if enacted as it was, the provision would operate in a legislative vacuum. There is need for the nation to formulate a comprehensive policy that is arrived at after broader public participation and stakeholder engagement, which should inform a substantive legal and regulatory framework to protect all parties within a surrogacy arrangement. For legislative harmony and ease of interpretation, administration and enforcement, the rights accruing to and obligations on the various parties in surrogate motherhood, including right to maternal, paternal or parental leave, should be contained in a legislation only dealing with that subject matter. The Committee, having considered the President’s Reservations to the Employment (Amendment) Bill, 2019, pursuant to Article 115 of the Constitution, recommends that the House agrees with the President’s recommendation that Clause 3 of the Bill be amended by deleting Sub- Clauses 4, 5 and 6. 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."
}