The Call for Passage of the ART Bill
Suba North MP Millie Odhiambo has urged her colleagues in Parliament to pass the Assisted Reproductive Technology (ART) Bill, emphasizing that it would provide essential support for parents who are unable to have children naturally. She highlighted that the passage of the Bill is long overdue, noting that it has been pending before the House for the past three Parliaments despite its significance.
Odhiambo spoke after Homa Bay Town MP Peter Kaluma introduced a motion proposing that the Bill — currently awaiting its final reading — be sent back to the committee stage to amend Clause 2 and refine the definitions of “father” and “mother.” Kaluma argued that the current definition of “father” as “a male intended parent” should be changed to “male parent,” with a similar adjustment for “mother.” He noted that the term “parents” is already defined under the Children’s Act as either a biological parent or a parent conferred by law.
Odhiambo opposed the motion, stating that the Bill had been in the House for too long, partly due to a previous harmonization process between the National Assembly and the Senate. When a Bill is passed by one House and amended or rejected by the other, the two must reconcile their differences before a final version can be approved. Odhiambo mentioned that while both Houses had discussed and resolved some issues last week, others remained pending.
She argued that some of the issues being raised are not major and suggested that the Bill should proceed to the Senate. “It’s not a matter of life and death if the things I wanted didn’t pass,” she said. “Let it go to the Senate.”
Key Provisions of the ART Bill
The ART Bill aims to regulate assisted reproduction services in Kenya by establishing a legal framework for the practice. Its provisions include licensing ART clinics, regulating donor consent, setting rules for gamete and embryo storage, and outlining the rights and obligations of all parties involved. The proposed law also prohibits practices such as human cloning and sex selection for non-medical reasons, and prescribes penalties for violations.
If enacted, the Bill would outlaw the sale or purchase of human embryos and prohibit surrogate mothers from receiving financial compensation or rewards. The Bill dominated the National Assembly’s morning sitting on November 6, with MPs debating issues such as whether a court order should be required for a surrogate mother to relinquish parental rights.
Odhiambo warned that recommitting the Bill for new amendments could further delay its passage. “People have different views on different issues,” she said. “There are even some that the Senate will bring that I may not agree with, and some that Hon Kaluma may not agree with.”
Emotional Appeal and Legislative Focus
Odhiambo appealed to her colleagues to allow the Bill to proceed to the Senate, saying, “This Bill has been here too long — this is the third Parliament it has come before.” She questioned why the Bill had faced repeated delays, noting that it had initially received broad support. “The first time I brought it, it was supported 100 per cent,” she said. “The Hansard can bear me out; there was no opposition to this Bill. It is meant to help men and women who cannot have children.”
In an emotional appeal, she urged Kaluma to withdraw his recommittal motion, adding that the issue was deeply personal to her. Speaker Moses Wetang’ula cautioned MPs to focus on the legislative substance of the debate. “Let’s not veer into what looks personal. Just address the issues he raised and convince the House,” he said. He further noted that the Bill should not be framed as a matter of social or economic status.
Odhiambo responded lightheartedly, saying she had withdrawn her earlier remarks before urging the House to bring the matter to conclusion. “We can’t legislate for eternity. Let this Bill come for Third Reading and go to the Senate,” she said. She added that if the Senate rejected it, she would reintroduce it in future, saying it remained an important cause for her.
Support from Other MPs
Deputy Speaker Gladys Boss also supported the Bill, saying failure to pass it could encourage unregulated practices. “If we don’t complete it, we are allowing illegalities to happen, because currently, some people are using unregulated means to access assisted reproductive technology,” she said. She added that the law could be reviewed later if gaps emerged, stating, “A law is not set in stone. If, after implementation, we notice gaps, we can propose amendments instead of blocking a Bill that’s needed in this country. Similar laws exist elsewhere.”