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{
    "id": 827306,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/827306/?format=api",
    "text_counter": 275,
    "type": "speech",
    "speaker_name": "Sen. Kabaka",
    "speaker_title": "",
    "speaker": {
        "id": 13206,
        "legal_name": "Boniface Mutinda Kabaka",
        "slug": "boniface-mutinda-kabaka-2"
    },
    "content": "friend Sen. Cheruiyot has talked about. He said that he has no problem that when it comes to matters of security, the State can obtain the data and I beg to differ with him on that. This is an area that could be challenged in court on constitutionalism because any time the State may want to visit certain areas and get information. We know there are areas prone to terrorists. There is a time every agency was going to Eastleigh and we saw the State taking advantage of the lacuna in law to harass certain sections of Kenyans. We need to clearly define this area. When you give the State a blank cheque on matters of national security, it may end up violating the fundamental rights of individuals. So, this should not be an absolute right especially to the State because even the police and the National Intelligence Service (NIS) will violate individual rights in the name of national security. That is an area that some legal explanation needs to be put. Another area which parties have attested is information regarding the children. The distinguished Senator for Migori County, Sen. Ochillo-Ayacko, clearly said that there could be a third world war if especially a parent passes on without having given a clear direction with regard to distribution of his estate. I am sure that even here in the Senate and also in the National Assembly, we have people with big means but you will be shocked that they have not written wills or done testamentary instruments. They do other things but they forget that death is a reality. I recommend that we write wills so that we give direction in the event death occurs. If Members of the Senate or the National Assembly are afraid of their names being included in the birth certificates, it is foolhardy especially for men when we have children outside marriage and we do not want to consider them. I support this law which will legitimize that because there can never be a child who is illegitimate. There is no human who can be born without two parents. Whether you marry or not, that is not the issue. What is important is that a child belongs to parents who are male and female. I would like to give the definition of a child under the Children Act and also under the Interpretation and General Provisions Act, Cap 2, laws of Kenya. A child is defined as somebody from zero to 18 years but we have the decision of the Court of Appeal in Kenya. For purposes of extenuating or extending that period, it could be when the so- called minor joins a university but they may need support for the period for which they pursue their education even at the Masters level. If he or she is not working, the court provides that for purposes of financing that child who is beyond 18 years, they are deemed to be children to that extent. So, 18 years is not cast in stone and it is not kind of a fixed invariant figure or mathematical statistic. Another area where other Members of the Senate who have contributed before me mentioned but somehow, I did not get it clearly, is Clause 38(1) which provides the penalty. I do not agree with a fine of Kshs500,000. The reason we are saying that a fine of Kshs500,000 or a term of imprisonment not exceeding five years is lenient in this country is that, compared to other jurisdictions like the United States of America (USA) and Australia, the penalty is equivalent of Kshs1 billion. I have consulted and perused the laws. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}