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{
    "id": 1149626,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1149626/?format=api",
    "text_counter": 698,
    "type": "speech",
    "speaker_name": "Suba North, ODM",
    "speaker_title": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "In sub-section 2, I just wanted to add something after the words “has a disability”. One of the things the court should consider is where the child is an intersex. The orders the courts make should be informed by whether the child is an intersex. In paragraph (g), by deleting (g), which says “the customs and practices of a community to which the child belongs”, and replacing it with paragraph (g) on the Order Paper. It talks about “the customs and practices of the community to which the child belongs” but also seeking to ensure that the child integrates with customs that are not harmful. In sub-section 8, it is just enhancing the sentence to a person who contravenes the provisions of sub-sections 5 and 6, which talks about concealing the face or identity of a child in court. We have seen people violating that a lot. I gave an example the other day where you find even the police circulating a child who has been sexually abused in court. I thought we need to enhance the sentence from “not exceeding Kshs100,000” to “not exceeding Kshs500,000”. Providing “not exceeding” gives leeway to the court. It is an upper cap. The court can still give a lesser sentence. Where we see there is impunity, the court has a larger discretion."
}