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"id": 483778,
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"type": "speech",
"speaker_name": "Hon. Kaluma",
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"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
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"content": "Constitution at Article 53(1)(e). I urge my honourable colleagues to look at those provisions and find that, that is not constitutional and it is inconsistent with the aspirations of the people of Kenya in the Constitution. That violates the rights of the child. When this Bill was published so many people came saying that biological fathers are now going to take custody of the children. That is not the intention of this Bill and it cannot be the intention of this Bill. The issue of custody of the child or rather matters concerning the interest of the child are matters left to the court to determine on the constitutional ideal which is already set and which I have already spoken to taking into account the circumstances of the matter and of course the best interest of the child as the paramount consideration. It is not the interest of the father nor is it the interest of the mother. I dare say that we have very many children. In fact, previously our law was calling such children illegitimate children. We had legitimate and illegitimate children. The usage of those bad terms has been stopped in law and practice. We are civilized people. We are saying that a child does not apply to be born but a child finds himself there. Therefore, a child should be protected."
}