4 Mar 2015 in National Assembly:
Well spoken, I hear you.
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4 Mar 2015 in National Assembly:
Thank you, very much. I hear you.
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4 Mar 2015 in National Assembly:
That is okay, the Leader of the Majority Party. Just a minute! Can we go by some order? That is a valid point of order. Let us process that point of order and dispose of it. I have heard representation from the Leader of the Majority Party on the issue of whether the Chair can give directions as to whether Clause 2(3) is in conflict with Article 53(1)(e). I will take one representation from this side and another one from the other side. Then I will give direction on the clause. Member for Ugenya, you have the Floor.
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4 Mar 2015 in National Assembly:
No! No! Order! Order! I just want you to respond directly to what the Leader of the Majority Party has said as to whether Article 53 is unconstitutional or not. That is if we go back to what the Member for Matungulu is saying.
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4 Mar 2015 in National Assembly:
All right. Member for Kiharu, you want to speak to the Motion on deletion. So, I will ask you to speak. I want to recognise the Member for Kipipiri on the constitutionality or otherwise of the clauses. I have seen your request, but it is on the main Motion, which I will come to. Member for Kipipiri. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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4 Mar 2015 in National Assembly:
That is very helpful. Member for Nairobi County.
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4 Mar 2015 in National Assembly:
Thank you. This is very easy.
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4 Mar 2015 in National Assembly:
Member for Ndhiwa, you cannot have a point of order on a point of order. There is already a point of order that we are dealing with. Can we dispose of this one first? This is an issue that we can easily dispose of. First of all, we are in Committee of the whole House. It means that this Bill has been processed through the normal conveyor belt in the House. It has gone through pre-publication and scrutiny. Therefore, questions of constitutionality, or otherwise, have been carefully and meticulously handled. It then came to this House for First Reading and ...
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4 Mar 2015 in National Assembly:
You also consider Clause 2 (3) of the Bill, which says: “2(3) Where a child’s father and mother were not married to each other at the time of the child’s birth and have not subsequently married each other, they shall have parental responsibility of the child and neither the father nor the mother of the child shall has a superior right to claim against the other in exercise of such responsibility”.
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4 Mar 2015 in National Assembly:
Therefore, the phrase “and neither the father nor the mother” is a clarification of the position at law. The position of the Constitution is clear and unambiguous. You remember that the parent Act does not come out as clearly as in the proposed clause. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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