4 Oct 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move:- THAT, the Assisted Reproductive Technology Bill (National Assembly Bill No.36 of 2014) be now read a Second Time. This is a very important Bill that has come from the National Assembly. It deals with a matter that has been covered widely in the media and public discourse for a while now; namely, how to regulate and control technology that is used to assist mothers or parties to a marriage, who are unable to have children through the natural way of sexual intercourse. This Bill does four things. First, it ...
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4 Oct 2016 in Senate:
(Sen. (Prof.) Kindiki): Thank you, Mr. Temporary Speaker, Sir, for protecting me from the vagrancies of the Senator for Nandi County.
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4 Oct 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I said so. If there is need to modify that word, I am willing to do so. However, I said that Sen. Sang is disrupting me.
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4 Oct 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I withdraw and apologise.
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4 Oct 2016 in Senate:
(Sen. (Prof.) Kindiki): I was on Clause 31 which deals with surrogacy. All this business is about surrogacy where parties to a marriage are not able to procreate. The material used from both parties or one of the parties, can be implanted in a natural woman for purposes of carrying the pregnancy until birth. After birth, the legal rights that the surrogate mother had on the child terminate immediately unless there is an agreement to the contrary. Mr. Temporary Speaker, Sir, Clause 31 provides that a surrogate mother will not be less than 25 years of age. There must be ...
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4 Oct 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, it is in connection with what you have just said. I was wondering whether the amendment comes at this stage or the Committee of the Whole. Our practice has been that during the Second Reading, Senators can speak generally to the Bill and suggest what they think should be improved. I have been taking notes and listening to what Sen. (Prof.) Lesan has said. However, I am seeking your guidance on whether the amendments should have come now or at the Committee of the Whole.
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4 Oct 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, in reply, I would like to say that in order to provide the constitutional foundation for this Bill which in my view is Article 43(1) of the Constitution which says:- Every person has the right—
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4 Oct 2016 in Senate:
To the highest attainable standard of health, which includes the right to healthcare services including reproductive healthcare. I believe this is the constitutional foundation of this Bill and I have taken the liberty to read it out so that as the Committee and the Senators consider this Bill, they should do so in light of Article 34(1)(a). I want to thank all the Senators who have contributed to this debate and with those few remarks, I beg to move. Mr. Temporary Speaker, Sir, given that we do not have the numbers to take a vote, I request you, under Standing ...
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14 Sep 2016 in Senate:
Mr. Speaker, Sir, I have noted questions similar to the ones Sen. (Dr.) Khalwale has raised. However, if we have to go systematically, we have to make clarifications. I have a few clarifications that I have also noted which means that we will not be able to flow as we did yesterday. If we can do the way we did yesterday where we note all the questions, especially those related to the substance of his presentation, then we will have an opportunity to ask for clarification for all of them. However, for procedure, I agree with Sen. Boy Juma Boy ...
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14 Sep 2016 in Senate:
Actually Mr. Speaker, Sir, I was following the counsel on that issue. Following your initial ruling on non-admissibility of evidence, is it in order for me to say whereas the ruling was referring to evidence that is given before the presentation, that if there is any assertion in between the presentation of the counsel, there should be leeway in your ruling to introduce that evidence based on the statements that are made in between if a member requests or if you request it yourself or if at the introduction of a witness and there is a requirement by this The ...
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