4 Mar 2015 in National Assembly:
I am referring to the Constitution.
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4 Mar 2015 in National Assembly:
These are fundamental rights which have been given to the voiceless child through our Constitution. Where the children cannot speak for themselves, the Constitution speaks for them. The Constitution goes further and guides us on how to deal with this issue of the child. Article 53(2) clearly says that:- “A child’s best interests are of paramount importance in every matter concerning the child.” The drafters of the Constitution had very clear minds when they included the interests of the child in Article 53(2). That is because of where Kenya belongs and the international treaties Kenya has signed. The UN Convention ...
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4 Mar 2015 in National Assembly:
The UN Charter is very clear that the best interest of the child remains with the mother until the child is over 18 years. That makes us think why we have to deal with issues which the courts are mandated to deal with. For instance, where there is abuse of the child by the mother, then the father can go to court. Where there is abuse of the child by the father, the mother can go to court and secure the best interest of the child. The Member is trying to get the best interest of the child from where ...
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4 Mar 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT Clause 3 of the Bill be deleted.
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4 Mar 2015 in National Assembly:
Basically what hon. Kaluma is not alluding to in this House - we might not have had enough consultation on this issue--- We need to separate two issues, the best interests of the child and the issue of the custody of the child. What it alludes to is very clear. It is that we are looking at the entire issue of the custody of the child. I will still---
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4 Mar 2015 in National Assembly:
Clause 3 is about where the principal Act is amended to repeal Section 25 of No. 8 of 2001. It is very clear that 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— (a) the mother shall have parental responsibility at the first instance; (b) the father shall subsequently acquire parental responsibility for the child in accordance with the provisions of section 25. That is Section 3. That is how the Act is. So if we repeal that, what are we trying to ...
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4 Mar 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- That Clause 4 of the Bill be deleted. Due to the scenarios in the House---
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4 Mar 2015 in National Assembly:
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4 Mar 2015 in National Assembly:
As much as I would wish to prosecute this issue, there is something we are doing and I believe that we are legislators. We will have an opportunity to revisit these issues after six months. We will definitely have to come here and revisit it, so that we can be very clear on what will be happening. I still insist---
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4 Mar 2015 in National Assembly:
Hon. Temporary Deputy Chairman, what I am trying to say is this: It is a bit unfortunate that we, as a House, are doing something which is fundamentally wrong internationally and locally. What we need to do--- I have said very clearly that we are legislators and we will have the opportunity to revisit this issue---
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