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"id": 251367,
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"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
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"content": " Mr. Temporary Deputy Speaker, Sir, I rise to support this Bill. I would like to note with appreciation that this Bill spells a new re-awakening in this Parliament. The interest that I have seen all hon. Members placing on this Bill, clause by clause, can only spell a new beginning for this country. I am hoping that it is not only this Bill that we shall be combing clause by clause, but also any other Bill, so that we can effectively carry out our mandate as legislators, so that we do not pass Bills that have any short-comings and that may later be referred back to Parliament for amendments. Mr. Temporary Deputy Speaker, Sir, may I also congratulate the Mover. Sexual offences have become so prevalent in this country now more than any other time. We are hearing of atrocities on grandmothers, young boys and girls and babies. The level of depravation in our April 27, 2006 PARLIAMENTARY DEBATES 785 society is at an all time high and it definitely needs to be curbed. This is a Bill for Kenyans, both men and women. It is a Bill that requires the support of all responsible members of our society. It is my hope that the vigour with which hon. Members have pointed out what they believe are short-comings in this Bill will be the same vigour that they will employ to strengthen this Bill, so that we can expedite its passing for the good of our society. Mr. Temporary Deputy Speaker, Sir, I am a mother of both a girl and a boy. I want a Bill that looks after the interests of both my daughter and my son; a Bill that takes care of the interests of all members of the family. I, therefore, align myself with the Mover who welcomed any proposals for amendments that serve to strengthen this Bill. I am appealing to hon. Members that we carry on with this spirit. We all have a role to play. The Mover has done her part in Moving this Bill. It is our duty as hon. Members, to take this Bill because it is owned by the House, so that we can mould it in a way that we can pass it to protect our society from these atrocities and put the depraved among us behind bars where they belong. If we fail to do that, we shall have failed Kenyans. We shall have failed to protect our children, mothers and voters. I am, therefore, appealing to each one of the hon. Members to play their role in strengthening this Bill, so that we can pass it and have a good legislation. I have heard the immediate hon. Member who was on the Floor talking about the transitional arrangements of the Bill. I would want to tell him that when a Bill states that it supersedes all other laws, and when that Bill is not the Constitution, it is talking of superseding all other legislations except the presumption. The obvious presumption is that it supersedes all other laws except the Constitution. The Constitution is not just another law. It is the supreme law. It cannot be amended by another law, but the procedure is that other laws can be amended by an Act of Parliament. Always, the later legislation carries the weight. So, this Bill does not attempt at all, to amend the Constitution. Mr. Temporary Deputy Speaker, Sir, it is a good suggestion that has come from the immediate hon. Member who was on the Floor that the language of the Bill be strengthened for the avoidance of doubt. Obviously, this Bill is not advocating for anything that is not within the law. But if it gives hon. Members comfort and it brings clarity, it may do well to separate the offence of rape from the offence of sodomy, so that this Bill is clear. Even though they may attract equal penalties, it may be a good idea to clearly spell out in terms the two different offences. However, it is not right to presume that anything mischievous was being introduced by this Bill. If you look at the sections of the Matrimonial Causes Act and other matrimonial laws that are being referred to in the Schedule to this Bill, you will find that they are in relation to the ages of the parties to marriage. Previously in 1950s and 1960s, in most societies, it may have been permissable to marry a child of 13 years old with the consent of the parents. In some societies, a child of 16 years old was regarded as an adult for purposes of marriage. This Bill is seeking to harmonise the thinking of legislation and modern thinking that a child of 16 years is not old enough to be anyone's bride, whether she is an African or a Hindu. I have seen the Bill referring to Hindu law and African/Christian Marriage and Divorce Act. Mr. Temporary Deputy Speaker, Sir, this Bill is seeking to harmonise marriage laws with modern thinking and also with the Penal Code. The Penal Code today sets the age of consent as 16 years. It also states that unless the person believed that the minor was his wife. So, it was necessary to go back to the marriage laws to eliminate any chance that any person can claim that a 13 years old child is his wife. I know, for a fact, that the Mover of the Bill held several workshops with the hon. Members. I am urging her not to tire and all of us not to tire in our efforts. Let us utilise the forums that we have here, get together, craft amendments that will strengthen this Bill and take care of all concerns. On the issue of cultural rights, and if I were to drop the euphemism \"female circumcision or 786 PARLIAMENTARY DEBATES April 27, 2006 female genital mutilation\", this has already been outlawed by the Children's Act which we passed in 2001. However, there are legitimate concerns about minimum sentence for this particular offence. Let the hon. Members come up with suggestions. The intention is noble. We still must protect the girl child from being disfigured, maimed for life unnecessarily and having health complications imposed on her. We must let the girl child develop to the full. However, we can cast it in terms similar to what is in the Children's Act, although better clarity is required. It can be cast in a way that takes concerns of those who feel that because of those who may still be clinging to culture, a softer-landing is required other than a minimum sentence approach. Mr. Temporary Deputy Speaker, Sir, I have gone through the Bill and it is a noble Bill. Each of the proposed sections are good for the entire society. However, I want to admit that we will require to strengthen some, so that we can carry everybody with us. I would like to appeal to hon. Members that we should not contribute as though this is a tug-of-war between one gender and the other. I want to believe that all the legislators here are related to either genders. If you are a man, you have a mother, a wife, a sister and a daughter or one of them. If you are a woman, you have a father, a husband, a friend and a son. We are all related to one another. There is no tug-of-war. Let this Bill also spell a new dawn of gender relations in this House. Let it not escape our notice that we set the standards in our society and sometimes we distort those standards. If we take to talking about any one gender in derogatory terms, we are telling our children out there, our supporters and those to whom we are role models that it is all right to speak in derogatory terms. May I implore our male colleagues that, any time they speak about a woman, they see the image of their mothers. To us female hon. Members, any time you speak about a man, may you see the image of your fathers. That will help you to relate better to the opposite gender. Mr. Temporary Deputy Speaker, Sir, let us think of what we want the society to read from us. What leadership are we providing in gender relations? Are we telling our children that we uphold the respect of everyone? Are we telling them that even when we differ, we do so with respect? I have heard many hon. Members, in and out of this House, say that they support the Bill, \"but\" \"but\" \"but\". Shall we utilise this weekend to sort out our \"buts\", so that we can craft it and come with unequivocal support of a legislation to fill in a glaring gap. Let us not wait until a member of our families becomes a victim and then say: \"I wish I had supported the Bill!\" Let us act now to prevent other victims. We may not prevent the trauma to those who have already been assailed by the depraved. Let us prevent that from occurring to anybody else. Let us also put safeguards to safeguard the innocent. Where there is language such as \"request for sexual favour\", we may want to change that to \"forced sexual favours\". \"Request\" is not necessarily criminal. Mr. Temporary Deputy Speaker, Sir, let us embark on that duty. After all, why else are we called legislators? It is because we legislate. Let us join hands and put together a beautiful legislation that we can be proud of. Let us also mark the coming of age of gender relations in this House. We can help this country come up with new and better gender relations. Sometimes we may not realise it, but what happens between hon. Members here--- I may wish to hurt an hon. Member on this or the other side of the House, whom I disagree with! I may refer to them in certain terms, but I will be doing more damage. That is because whatever we do, we do it on the glare of the country. Mr. Temporary Deputy Speaker, Sir, I am urging that we reflect and contribute in a manner--- We can acquaint ourselves with maturity in carrying out our duties, upholding respect and showing the way in gender relations. I beg to support and call upon all my colleagues to support and help refine this Bill. April 27, 2006 PARLIAMENTARY DEBATES 787"
}