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"id": 452303,
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"type": "speech",
"speaker_name": "Hon. Waiganjo",
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"speaker": {
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"legal_name": "John Muriithi Waiganjo",
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"content": "Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 3 be amended in Sub-clause (2) by inserting the words “and obligations” immediately after the word “rights”. The justification for this amendment is that the clause reads that parties to a marriage have equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage. We are talking about rights of spouses in marriage, but in this clause there does not appear to be any obligations. As you know, every right must have an obligation or a corresponding duty. So, if we leave rights as rights only, there are rights that are not exercisable without obligations. For instance, if you talk about conjugal rights, they are rights which can be exercised if the other spouse obliges. So, if we have only rights without obligations, even at the death of the marriage--- because it is envisaged that these rights will last up to the dissolution of the marriage. At the dissolution of the marriage, when we are left with only rights, where shall the corresponding duties and obligations come from? Hon. Members, if you agree, I see this as a very important amendment because it takes care of the spouses during their marriage. It also makes certain rights to be exercised within the marriage. Rights to in a marriage are not just the rights envisaged in this Bill. They also include rights to companionship, duty of care---"
}