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{
    "id": 600299,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/600299/?format=api",
    "text_counter": 31,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kajuju",
    "speaker_title": "",
    "speaker": {
        "id": 840,
        "legal_name": "Florence Kajuju",
        "slug": "florence-kajuju"
    },
    "content": "attributes”. There are several attributes set out in that Bill and one of them is common ancestry or people who have a similar culture or geographical space within which you share as a community. The reason I am picking this issue to enlighten Hon. Members is because, as a country, we are made up of various communities. Each community in Kenya has a distinct relationship within its membership. So, it would be important for Hon. Members to understand the meaning of the term “community” in as far as this Bill is concerned and see whether that is the understanding within their various communities. With regard to the issue of customary laws, norms and practices of the local and traditional communities that are legally recognized in Kenya, it is important that we understand the Bill as far as the definitions contained in this Bill are expressed. This is a very important Bill in as far as our Constitution is concerned. To implement various provisions that are set out in the Constitution, Articles 10, 11, 40 and 69 are very important with regard to traditions, knowledge and traditional cultural expressions. Having a look at the Bill, from Clauses 21 to 24, I would speak to the issues of moral rights and their meaning as espoused in the Bill. A moral right is the right to assign and enter into licensing agreements relating to the traditional knowledge and traditional cultural expressions by the owners, other additional rights, assignments, licensing and equitable benefits of sharing rights. It is important that we define the meaning of “moral rights” and understand what the Bill states in as far as the rights are concerned. Clause 21 shows that moral rights include the traditional knowledge and cultural expressions. In this clause, if you have that wealth of traditional knowledge, then you have a right not to be treated in a derogatory way. As the holder of the moral right, the law does not allow you to suffer any prejudice. Once this Bill is passed, it will be a law that will not allow you to suffer any prejudice. Your right to ownership of that cultural expression and traditional knowledge will be protected under Clause 21 of this Bill. That goes on to indicate that the moral rights shall continue to be in force in perpetuating and shall not be transferable and capable of being waived."
}