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"speaker_name": "Hon. Ng’ongo",
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"speaker": {
"id": 110,
"legal_name": "John Mbadi Ng'ong'o",
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"content": "Thank you, hon. Temporary Deputy Speaker. I am looking at this proposed amendment. Even though the intention is good and it is in line with the provisions and requirements of Article 53 of the Constitution--- The Mover or promoter of the Bill is very right in citing Article 53(1)(e) that states: “Every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not.” For us to do justice to children of this country and for their welfare, I thought the Mover would have thought of a more comprehensive look at this particular Act to capture all aspects and facets of child protection. This is because even when you talk of equal responsibility, what do you really mean in terms of protection? This is because there are some responsibilities that the mother gives to the child which cannot be quantified in monetary terms. So, when you talk of “equal responsibility” it should not just be about money. We should look at the child being breastfed by the mother. He is taken care of. In fact, the person who dresses the child is the mother. Now, when you talk of “equal responsibility” and without defining it, then I find it very difficult because it is going to be a problem interpreting this responsibility. I would urge that the committee that is going to look at this Bill goes a step further and even defines “responsibility” and includes some of the functions that mothers offer to children which fathers do not. Hon. Temporary Deputy Speaker, you know when it comes to issues of marriage and child rights it also goes a long way to include even the culture. If you go to my community and tell them that because we have a shared responsibility my child will grow with the mother, it is going to cause a problem. We are not just legislating for elites; we are also legislating for those people in the villages who are still held by their cultures, which some people may call retrogressive. Like hon. Nyokabi said, I am called John Mbadi Ng’ongo. My mother is not Ng’ongo but my father is and my father’s name forms part of my name automatically, out of culture and belief. So, if now we are going to share responsibility, does it mean that my name is going to be John Mbandi Yambo Ng’ongo? We need to define and understand really what we are trying to do, so that we do not just legislate pay slip. My view as I wind up because time is not on our side is that, I would urge that as we look into this Bill we really need to look at it from the perspective of what it is that we are calling responsibility. What is it that mothers and fathers contribute? What would we be required to contribute in terms of equality? Does it mean that now if it is equal, I also need to look for breast milk to feed my born child or am I going to also look for pampers? One night my wife will ensure that the child is warm and dressed well and then the following night it is supposed to be me. We need to be very clear what this equality is all about. I am sure as a matter of fact, truth be told, there is no way we would provide equally to children. We can never. In fact, the attachment of the child to the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}