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{
"id": 101765,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/101765/?format=api",
"text_counter": 253,
"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, I think is very clear that these sorts of activities that I have just outlined are activities are actually taking place today. But, once again, the law has actually been very weak. That is why those who commit these acts continue to do so with impunity, knowing very well that they will only receive light sentences. But once this particular Bill becomes a law, it is not going to be business as usual. There will be stiff penalties as far as these criminal activities are concerned. Mr. Temporary Deputy Speaker, Sir, Clause 7 provides for factors which the courts shall have regard to in considering whether a person is a member of an organized criminal group. This includes admission to being a member, identification as a member, adoption of the name, colors, symbols, language, style of dress, use of hand signs associated with the group, knowingly associating with its members or knowingly receiving any financial or material benefits from the group or ascribing to the groups ideologies, mannerisms or general conduct. Mr. Temporary Deputy Speaker, Sir, Part Three of the Bill â and here I am referring to clauses from eight all the way to 14 â the Bill provides for the offences relating to obstruction of justice, retaliation against witnesses and unauthorized disclosure of information. Clause 9 outlaws any retaliatory acts against a witness for having given evidence under this Act. Clause 12 criminalizes intimidation by a person for purposes of compelling another person: (a) to abstain from doing anything that a person has a lawful right to do. (b) to do anything that the person has a lawful right to abstain from doing under the Act; or, (c) causes the person to reasonably fear for his safety or the safety of anyone known to him. I think this is extremely important, Mr. Temporary Deputy Speaker, Sir, because this is where a person is compelled to do something against the law. Once again, when one is compelled to commit these criminal activities, then somebody is definitely going to be liable for having broken the law that will be enacted once this Bill becomes an Act. Part Three which, of course, runs between clauses 15 to 19 of the Bill provide for tracing, confiscation, seizure and forfeiture of organized criminal groupâs property. A number of these organized criminal groups are known to operate for purposes of collecting money illegally which they use for furtherance of their criminal activities for their benefit. When that money then is found, it will be traced; and once it is traced, then forfeiture is required and it can be frozen. When that is done, that is what is stipulated in Clause 15 which authorizes the Attorney-General to trace the property that is suspected to belong to an organized criminal group for purposes of investigation of an offence under the Act. Mr. Temporary Deputy Speaker, Sir, Clause 16 provides for an application by the Attorney-General to the High Court for a provisional order to temporarily suspend dealings related to all the monies and property belonging to or held by an organized group or a person suspected to be a member of the group. Clause 17 empowers an authorized officer to seize and detain any car suspected to belong to or being used by an organized group. Clause 18 provides for the forfeiture order of property of an organized criminal group by the courts when a person is convicted of an offence under the Act that constitutes an act of an organized criminal group. Mr. Temporary Deputy Speaker, Sir, clauses 20 to 25 provides for a general penalty for offences under the Act in mutual co-operation with other states, consequential amendments of the laws of Kenya relating to extradition and the powers of the Minister"
}