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{
    "id": 101781,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/101781/?format=api",
    "text_counter": 269,
    "type": "speech",
    "speaker_name": "Ms. Odhiambo",
    "speaker_title": "",
    "speaker": {
        "id": 119,
        "legal_name": "Alfred Bwire Odhiambo",
        "slug": "alfred-bwire"
    },
    "content": "Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to contribute to this Bill which is coming at an opportune time in the country when we are dealing with a lot of cases of organized crime. We have seen in the recent past increased cases of kidnapping, trafficking in persons, drug trafficking and many other cases of organized crime other than the ones of the violent nature that the seconder of the Motion alluded to. It is actually interesting that coincidentally, this Bill is coming at the same time as the Counter-Trafficking in Persons Bill which is the order that they follow even in the UN. Under the UN, you have the United Nations Convention on Organized Crime of 2000 that is supplemented with the UN Protocol on Trafficking in Persons, especially women and children which is otherwise referred to as the Palermo Protocol. Therefore, I think in Kenya, we are alive to the fact that we need to deal with issues of trafficking in persons and other forms of organized crime in the country. I would also want to say in supporting this Bill that we must, as a country, deal decisively with cases of crime. One of the things that we have excelled as a country in the last 10 or 15 years is coming up with very many new laws, but the challenge has been the implementation. So, it is not enough for us to come up with these laws, but we must show that we are serious in dealing with issues that affect us as a country. That is why I was personally happy that decisive action is taken, especially where there are allegations of hate speech. I know those who are innocent shall be found innocent in the courts of law. As a country, we must take decisive action because we do not want to see us going to our knees the way we almost did in 2007. Mr. Temporary Deputy Speaker, Sir, I, however, wish to join hands with Mr. Wetangula by urging that certain amendments be moved to this Bill. One, if you actually look at the definition under Clause 7(c), it states as follows:- “In considering whether a person is a member of an organized criminal group for purposes of this Part, the court shall have regard to the following factors, namely that such person- (c ) resides in or frequently visits a particular organized criminal group’s area and adopts the name, colours, symbol, style of dress and grooming, use of hand signals, language, tattoos or other representation associated with the organised criminal group;” Mr. Temporary Deputy Speaker, Sir, my concern is that if this passes the way it is, the way I am dressed, I might actually be arrested as being part of Mungiki. While in other parts of Africa, the hairstyle I adorn is actually a mark of Pan-Africanism and intellectualism, in Kenya it is largely identified with a specific organized or purportedly organized criminal group. Therefore, we must find a way of re-wording it. Whatever colours people want to adorn, if I love green or red, really it cannot be a crime. So, we need to find a better way of defining that part. If you look also at 7(d), it is also very largely oppressive. It says:- “knowingly receives any financial or material benefit from an organised criminal group.” There are many members of organized criminal groups who have gone to churches to pray and get saved. That will even preclude them from seeking salvation. So, we would like to look at this in light of constitutionally guaranteed rights of association and freedom of worship. We need to draw a very clear line to what is criminal activity and what are human rights. If you actually do certain activities and then commit criminal"
}