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"id": 1423534,
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"speaker_name": "Sen. Okiya Omtatah",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I rise to support The Maternal, New Born and Child Health Bill, 2023. First, I congratulate and thank the Mover for this well-thought-out Bill, which is long overdue. Pregnancy is not a disease, but this country has made it to be a disease and that is why women are dying of pregnancy. Pregnancy is a primary health care issue that is very well located within the counties. If there is any component of healthcare that counties are supposed to address, it is the child maternal health and all the things that are associated with it, to ensure that women and children do not die or fall sick and that women have the care they require to bring in new members of the future of this country to life because without mothers, we have no society. I have seen terrible healthcare facilities across this country especially, in Busia County. There is one hospital that has been declared by residents to be a death trap. This is Kocholia Hospital in Busia. The rate at which women die in that hospital is unacceptable. Not that any death is acceptable, but this one is alarmingly unacceptable. I pray that this Bill gets the support it requires. I want to associate myself with the sentiments of Sen. (Dr.) Khalwale as regards to the various amendments he has proposed. I would only want Sen. (Dr.) Khalwale to distinguish between a miscarriage and an abortion. We cannot afford to be not clear on that particular subject, which has got both moral and health connotations. An abortion is an intentional act while a miscarriage is not. There is nothing like a natural abortion. You can have a miscarriage when a pregnancy is terminated prematurely by natural causes. That is not an abortion. An abortion is a deliberate decision to terminate life. In Article 26 of the Constitution of Kenya, 2010, life is recognized as beginning from conception. If life begins at conception, then you cannot have extrajudicial termination of that life. It cannot be terminated by doctors; it can only be terminated through a judicial process. This House has no capacity to debate the question of abortion in the Republic of Kenya. The question of abortion was put to the people of Kenya when the Constitution was being reviewed and it was rejected. Therefore, if this House would like to discuss abortion, it may not do it by an ordinary Bill like this one. It must move it by a special Bill under Articles 255 and 256 or through a popular initiative under Article 257. Since abortion concerns the right to life, which is in the Bill of Rights, it is an entrenched provision that would require a referendum. So, whereas I support Sen. (Dr.) Khalwale's sentiments on miscarriage, the question of abortion being the intentional termination of life that begins at conception is beyond the reach of this Bill. I would request that the Mover distinguish between an abortion and a miscarriage, which would need to be addressed. Secondly, I support the issue of assisting women who are unable to get pregnant, to be able to do so. As you know, the failure to get children, especially in our society, is a very heavy burden that sometimes destroys people. Maybe that particular service, where 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."
}