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{
    "id": 1419619,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1419619/?format=api",
    "text_counter": 320,
    "type": "speech",
    "speaker_name": "Sen. Tabitha Mutinda",
    "speaker_title": "",
    "speaker": null,
    "content": "and in that then we can achieve and see a generation that has a space medically that is going to be accommodative, especially for the young ones in the future. Looking at the formation in the issue of the Community Health Practitioners (CHPs), CHPs are playing a very key role in our country and I am happy that it is one of our manifestos that we have been able to achieve. The reason I am bringing this up is that in our recent Division of Revenue Bill submissions, as the Committee on Finance and Budget, we were able to highlight the costs that come with the CHPs bearing in mind the role that the CHPs do play. In Nairobi City County, for example, we have over 7,000 CHPs and they play a very key role including helping to reduce the issues of mortality and, therefore, there is a cost that comes. It is very important to note even when we discuss the issues of DoRA that one of the costs that we are taking care of is the CHP cost, who in the longrun will be able to have very much impact as far as the issues of mortality are concerned. I note in the Bill, and I would want Sen. Ogola to note that Clause 8(2) talks about- “(2) Where the child under subsection (1) is severely malformed at the time of birth, the health care provider may refer the child to a relevant medical practitioner for comprehensive assessment, diagnosis, and treatment.” I note and pick a key English word that I have realized the legal fraternity likes using and then it leaves things that are not fully closed because when you say that “the health provider may---\" and in this case we are talking of a child who has had malformation at the time of birth. So, when we say “may” then it means that the hospital can decide to take further medical action or diagnosis, or they might not. I think that strictly should change and say, “the health care provider shall---\" so that it is mandatory because the aim of Clause 8(2) is to try and ensure that the child is safe in the case of a malformation so, there should be much emphasis by using the word “shall.” Mr. Temporary Speaker, Sir, in our different committees we have looked at some of the Acts that the counties are using and one of the things that we have noted is that especially when they present their Acts they do not have regulations to guide them in the policies and administration of the same Act that they have been able to put and in one of the Clauses you realize it indicates and says that “the county may do regulation” so it is not a must, it is not mandatory. When you leave it like this then it is not mandatory for that child to get further care. There should be emphasis on the word “shall.” Mr. Temporary Speaker, Sir, there is also the issue of hospitals as institutions and the personnel as far as medical practitioners are concerned. We have seen cases in hospitals where rogue medical practitioners collude with unscrupulous business people to steal newborn babies and make money out of it. I have forgotten which section it was, but I had read it earlier where it talks of a fine of Kshs1 million and two-years imprisonment. Pregnancy naturally takes nine months as God intended. Therefore, proposing one or even two years imprisonment cannot be matched with the pain that a woman goes through. You find that you are preparing to give birth to your child and someone out there is commercializing on it by colluding to steal babies in hospitals as we have seen. I would request that Sen. Ogola increases the fine charges and the duration of the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}