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{
"id": 1150972,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1150972/?format=api",
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"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"
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"content": " It is both mother and father. Even recently the court made a decision which said that fathers can actually even…. Before that, the position in the court was that a child below nine years was automatically with the mother. The courts have reversed and they have now said even fathers can have children who are below nine years. However, in such a situation, we cannot exclude either the mother or the father from having access to the child. I am actually trying to look at the constitutional provision so that even as we are contributing, we are informed by the constitutional provision. Article 53(1)(e) of the Constitution says: “Every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not.” So when you start putting “when they were married to each other” or “they were not married to each other”, you are going directly against Article 53(1)(e). It is unconstitutional. So, I actually agree with Hon. Tonui that I am doing exactly what he is worried that I am not doing. 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."
}