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"type": "speech",
"speaker_name": "Kathiani, WDM-K",
"speaker_title": "Hon. Robert Mbui",
"speaker": {
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"legal_name": "Robert Mbui",
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"content": "nail on the road and you scratch the tarmac, does that mean you are liable for a penalty of Kshs50,000? Some of the proposals require a lot more discussion. I am happy about the amendments to the Children Act, in provision of temporary places of safety to ensure our children are in good hands and giving the CS the power to cancel licences of children’s charitable institutions when the lives of the children in those institutions are in danger, or when the management in those institutions is unfit. Sometimes they do not act in the best interest of the children or contravene the Constitution. We recently saw some individuals who brought in small children and kept them in their homes. I am assuming they were purporting to be a charitable institution yet they were trading with the children. In the morning they would ferry them to the streets of Nairobi, leave them there to beg the whole day and at the end of the day they would come and carry them back home. The children would be left without money or food. Some of them are disabled and are not able to purchase anything with the money that they are given. They tie the money around their bodies. So, I think this is a very good amendment, but again, just like I said on the other amendment, it is important that we be given an opportunity to discuss the Children Act in totality. The power given to the CS over adoption in society is important because we have seen a lot of people trade in human beings. Modern slave trade is still going on. It is important that the CS is given authority so that there is no trading in children. If you allow adoption to be very easy, chances are that people who want to deal in the sale of children will just come in, buy them and export them for sexual reasons or as workers. It is important that this Act is amended in some of those areas. The other amendment I saw has major changes is on the Labour Relations Act. It deals with the management of the relationship between trade unions, employees and employers. I have seen a raft of amendments on how the management is done. They are talking about trade unions not receiving dues unless they are registered. That makes sense. However, when it comes to the issues of employees and the dues they pay, it talks about an employee entering into a check off system which they have to approve for the deductions to be done. That makes sense. When there is alteration of the union dues, there is no mention of the employees and their input. Someone can join a union and say they are willing to be deducted Kshs500 and the union changes those figures. There is absolutely no discussion on whether the employees have a right. If we make these amendments, it means we are allowing trade unions to be able to alter deductions without discussing with the employees, which is really unfortunate. The fifth and last amendment which I think is major is on the Anti-Counterfeit Act. It gives improved and clearer definition of counterfeits, which is very logical. Obviously, it helps to remove ambiguity. There are major changes that have been proposed to Section 32, which is basically meant to protect Kenyans from unfair trade practices and harmful and substandard importation of goods. Recently, you saw what happened in this country. We imported sugar which we have been told is laced with mercury. So, this amendment will help us as we go into the future and import, we ensure that the goods coming into the country are standard goods that are properly checked, vetted and allowed. Since my time is up I support. Thank you."
}