13 Aug 2014 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. I beg to move that the Children (Amendment) Bill, National Assembly No.18, of 2014 be read a Second Time. This is a great day for me as a person with a background on human rights law; possibly it is the greatest day. I say so because I am standing on the Floor of this august Assembly of the nation to speak for those Kenyans who have rights in our Bill of Rights, but because of age they cannot speak to assert those rights. On 27th August, 2010, the people of this country gave themselves ...
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13 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, if you look at Article 53(1)(e), the people of Kenya said this of their children: That every child has a right to parental care and protection which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not. In some traditions and cultures of our country you have heard some people say, “Kitendo chaweza kuwaharamu lakini hakuna mwanaharamu”. By dint of this provision we are putting all children at par. We are saying that these rights embodied in the Bill of Rights in Article 53 ...
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13 Aug 2014 in National Assembly:
I needed to indicate to the House that when this Bill was published a lot of media reports not so well informed came about that there could be self interest and this and that. May I clarify that this is possibly one of the first Private Members’ Bill to be put through the system of Parliament for publication. I gave this Bill to Parliament as early as May, 2013. Of course, our systems go through pre-publication and other processes and that is why it was delayed. Looking at the beautiful provisions in our Constitution against the Children Act, I personally, ...
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13 Aug 2014 in National Assembly:
Constitution at Article 53(1)(e). I urge my honourable colleagues to look at those provisions and find that, that is not constitutional and it is inconsistent with the aspirations of the people of Kenya in the Constitution. That violates the rights of the child. When this Bill was published so many people came saying that biological fathers are now going to take custody of the children. That is not the intention of this Bill and it cannot be the intention of this Bill. The issue of custody of the child or rather matters concerning the interest of the child are matters ...
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13 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, I seek the support of the Members and urge that we look at this matter very objectively. If hon. Members look at the proposed new Section 24(3), they will find that I am taking the language of the Constitution word for word and putting it there so that nobody says that now there is equal responsibility. In any event, we are giving the children the leeway, and provided they remain your biological parents---
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13 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, in fact, I am just winding up. So, I request all Members of the House to look at this Bill very objectively; we anchor the rights of the child. We should avail these rights to all children as required by the Constitution and we cease the provisions of the Children Act which limit the enjoyment of these fundamental rights and freedoms embodied in our Constitution.
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13 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, with those many remarks, I beg to move and request the indomitable hon. Member for the great Kiharu Constituency to second.
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13 Aug 2014 in National Assembly:
Thank you very much, hon. Temporary Deputy Chairman. The first amendment, contrary to the Constitution proposes that people are guilty until they prove their innocence. I have an experience with this amendment. I had mentioned to the Chair of my Committee that this amendment can only work if we limit the period within which those criminal cases have to be determined. You have people charged and then you are in court for ten years until you retire simply because somebody has charged you with an offence for which you are later acquitted. So, I would request if the Mover of ...
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13 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker---
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13 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, the request for re-committal is very justified. The land control board deals with issues of consent around agricultural land and if we are going to repeal the entire Act--- We are putting the Act under the schedule in the Land Registration Act and those are the laws which are being repealed. I have looked at the Land Registration Act and it has no provisions in terms of dealing with those matters which were remitted to the Act that is sought to be repealed by being included in the schedule. I would urge my colleagues to seriously ...
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