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"speaker_name": "Hon. Oyugi",
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"speaker": {
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"legal_name": "Augostinho Neto Oyugi",
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"content": "Hon. Speaker, I rise to second this Bill. This Bill has seen several lives and I am happy that today, at least, we start the debate on it to give it effect. This Bill is of primary importance because it does several things. One, it gives support to several provisions of the Constitution. One such provision is Article 29(c) which prohibits any persons to be subjected to any form of violence, from either public or private persons. The same is in Article 59 of the Constitution which talks about the security of the person. Article 53(1) of the Constitution is about the rights of children. They should be protected from abuse, neglect and such other forms of ill treatment. So, apart from just being one of those Bills that is supposed to be protecting the family and rights to family as under Article 45 of the Constitution, this Bill is important because it gives effects to several provisions of the Constitution to the extent that it helps in protection and prevention of violence to the person. The second thing I would like to say in seconding this Bill is that it is an interesting Bill because it provides for temporary houses of shelter. There are moments when families - like all families - will be having small problems. But you will find a man or a woman - depending on who the victim of the particular violence would be - sometimes rendered homeless for some time. They do not know what to do or where to take the children. This Bill provides for the creation of shelter houses; simple houses or havens where families or people who find themselves in this situation can find safety for some time. The third aspect of this Bill, which is important, is Section 16. This anticipates that families who are having problems in relationships can be subject to reconciliation and counseling. There are moments when couples fight and the reasons they do so is, perhaps, they are trying to understand each other or the relationship is fairly new. But this Bill anticipates that it is not always criminal. The grudges or fights could be for reasons that are beyond the couples and so, the Bill then anticipates that the couples can agree to subject themselves to some sort of reconciliation and counseling. This is a very interesting aspect of the Bill. Something that the Chairperson has spoken to – and which I want to highlight - is the particular interesting nature of this Bill. It is what one would call quasi - criminal/ quasi -civil to the extent that, for the first time in Section 41, the Bill anticipates the fact that you are able to be compensated for injury that has been instigated upon you in the process of domestic violence. It has always been very difficult to get compensation that is ordinarily criminal. But this Bill anticipates that, for the first time, for example, victims of domestic violence who are injured could get compensation. This Bill is 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."
}