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"id": 101760,
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"type": "speech",
"speaker_name": "Prof. Saitoti",
"speaker_title": "The Minister for Provincial Administration and Internal Security",
"speaker": {
"id": 205,
"legal_name": "George Muthengi Kinuthia Saitoti",
"slug": "george-saitoti"
},
"content": "Mr. Temporary Deputy Speaker, Sir, while security organisations have and continue to put in place concerted efforts to combat organised crime, the existing laws seem inadequate to assist in preferring appropriate charges and meting out deterrent penalties against the offenders. Therefore, this particular Bill is expected to fill in the legal lacuna that exists in our laws. I should also wish to add that this Bill is drafted in line with the principle of the United Nations Conventions against organised crime, the year 2000, at the Palermo Convention and to which Kenya is a party. Mr. Temporary Deputy Speaker, Sir, at this particular stage, I would like to turn on the structure of the Bill and much more important, to be able to refer and clarify some of the definitions, that are used in the body of this Bill. Therefore, turning to part one of this Bill, this one deals with preliminary matters focussing on the title and announcement and the interpretation of clauses. Clause 2 of this Bill provides for a definition of the various terminologies which are used in the Bill including the definition of criminal group funds, organized criminal groups, serious crime and structure group. So, the meanings are shown below. The criminal funds refers to the funds that may be applied or used for the commission of furtherance or in connection with the acts of organised criminal groups, and includes proceeds of the commission of such criminal acts and resource link to such a group. The organised criminal group means a structured group of three or more persons existing for a period of time and acting together with the objective of committing a serious crime in order to benefit the group. The clause also defines what is a serious crime. Serious crime is one that its conduct constitutes an offence under the laws of Kenya punishable by a term of imprisonment of at least six months. It further defines a structured group as a group that is not randomly formed for commission of offence and does not need to have formally defined roles for its members, continuity of its membership or a developed structure. In reference to clauses 3 to 7 of the"
}