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"id": 978380,
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"speaker_name": "Sen. Halake",
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"legal_name": "Abshiro Soka Halake",
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"content": "Mr. Speaker, Sir, pursuant to Standing Order 47(1), I rise to make a Statement on an issue of a general topical concern; namely the status of implementation of an Amendment to the Marriage Act, 2014, with specific reference to the revision that required Muslim brides to declare their virginity, or lack of it thereof, on the marriage certificate. Mr. Speaker, Sir, Article 27 of the Constitution states that every person is equal before the law; has the right to equal protection and equal benefit of the law. Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth. Mr. Speaker Sir, the amendments to the Marriage Act, 2014, in December 2017 called for the publication of a new Islamic Marriage Certificate to protect Muslim brides from discrimination, indignity and embarrassment of having to publicly declare their virginity status on a legal document used in seeking citizenry services. It is of great concern that several years since the amendments were made to the Marriage Act 2014, specifically to the Islamic Marriage Laws abolishing the virginity declaration requirement for Muslim brides on the marriage certificate; there has still been a continued use of the old marriage certificate. This is a clear breach of law, and it is inconsistent with our Constitution. Mr. Speaker Sir, many Kenyan women of Islamic faith have expressed concern on why the new changes have not taken effect to reflect on the marriage certificate. Given the discrimination, indignity and denial of rights arising from the matters I have raised, I wish to request this House, if it sees it fit, to- (1) Investigate the issue and establish the reasons for the delay and once established, hold to account the person(s) responsible; (2) inquire from the Chief Justice, whose office the Chief Kadhi’s Court falls under, on the reasons why the changes have not been effected years on, and when the new certificate is expected to be published; and, (3) call upon the Attorney-General and every other concerned authority to publish the new certificate in the shortest time possible. Mr. Speaker Sir, it has been three years so far, and nothing has been implemented. Three years is far too long to not have implemented a change that protects Muslim brides’ right to equality and privacy. Parliament should not legislate in vain. The laws of 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."
}