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"id": 485361,
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"speaker_name": "Hon. Waiganjo",
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"legal_name": "John Muriithi Waiganjo",
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"content": "representative include a social worker, an employer of the applicant, a guardian of a child or a guardian appointed by court; a relative, a neighbour or a fellow employee of the applicant, et cetera. What the members of the public need to know is that if they know of a neighbour who abuses his children, or of a neighbour who barters his wife or vice- versa, they can take responsibility because this Bill gives them a locus standi . One can go to court and apply for protection orders for such children. Hon. Speaker, this Bill talks about shelter. We need to clearly understand what kind of shelters we are talking about. We need to be clear in our minds as to where such shelters will be. The Bill provides that the governors should work with their executive committees to provide such shelters, and that such shelters should be run in a manner that is in compliance with the Constitution. So, we should debate a little more on what we mean by such shelters. Of course, we must be very practical. When you live in the same house with somebody else and then apply for a protection order to bar the other person from entering your room, are you being practical? It is important to ask such questions. Of course, there are people who live in such circumstances; where a husband and wife do not talk to each other. They live in the same dwelling. The husband lives in one bedroom and the wife lives in the next bedroom. They have separate car parking. They live with children in that house, but what fraction is that? It is a small fraction of reasonable people who can hold back and live in that understanding. However, there are people who, if you do not separate them, you will be inviting murder. Why are we saying that this Bill can be used by gold diggers? On the basis of this Bill, a man can even chase you out of your house. If your wife gets a protection order against you, you will have no business going into that house. The manner of enforcement of a protection order is that, if you go to the house--- This Bill operates in the regime of criminal procedure. Therefore, you find that it is no longer a civil situation. If you have a matter of this nature in court, the provisions of the Civil Procedure Code must apply. But again, it is criminal. If you breach an order, you are supposed to be charged with a criminal offence before court. Therefore, even as we pass this Bill, we need to very thoroughly look into some of its provisions and propose amendments. With those remarks, I beg to support with amendments."
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