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{
    "id": 177697,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/177697/?format=api",
    "text_counter": 365,
    "type": "speech",
    "speaker_name": "Mrs Odhiambo-Mabona",
    "speaker_title": "",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting immediately after Clause 2K a new clause as follows:- Exceptions to Part2L(1) Nothing contained in this Part shall render unlawful any act done- (a) in affording persons of a particular ethnic group access to facilities or services to meet the special needs or persons of that group in regard to their education, training or welfare, or any ancillary benefits; (b) by a person on grounds other than race or ethnic or national origins for the benefit of persons who are not Kenyan in affording them access to facilities for education or training or any ancillary benefits, where it appears to him that the persons in question do not intend to remain in Kenya after the period of education and training there. (2) Nothing in Part IB shall render unlawful any act done in relation to particular work by a person in or in accordance with- (a) affording only persons of a particular racial group access to facilities for training which would help to fit them for that work; or (b) encouraging only persons of a particular ethnic group to take advantage of opportunities for doing that work, where it reasonably appears to 3700 PARLIAMENTARY DEBATES November 27, 2008 that person that any time within the 12 months immediately preceding the doing of the act- (i) there were no persons of that group among those doing that work in Kenya; or (ii) the proportion of persons of that group among those doing that work in Kenya was small in comparison with the proportion of persons of that group among the population of Kenya. (3) Where in relation to particular work it reasonably appears to any person that although the condition for the operation of subsection (2) is not met for the whole of Kenya it is met for an area within Kenya, nothing in this Part shall render unlawful any act done by that person in or in connection with- (a) affording persons who are of the ethnic group in question, and who appear likely to take up that work in that area, access to facilities for training which could help to fit them for that work; or (b) encouraging persons of that group to take advantage of opportunities in the area for doing that work. (4)Subsections (2) and (3) shall not apply to any discrimination which is rendered unlawful by Part 1A. This seeks exceptions to the discrimination under Part I and basically allows discrimination in certain instances. For instance, if you have a community that has not had access to education, discrimination may be allowed to enable them access education. In other words, there are instances where we can have affirmative action and similar initiatives."
}