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{
    "id": 1148167,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1148167/?format=api",
    "text_counter": 480,
    "type": "speech",
    "speaker_name": "Suba North, ODM",
    "speaker_title": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": " I beg to move: THAT, Clause 168 of the Bill be amended — (a) by deleting sub-clause (2); (b) by deleting sub-clause (3) and substituting therefor the following (3) The age presumed or declared by the Court under subsection (1) to be the age of any person appearing before it shall, for purposes of this Act, be deemed to be the person’s age unless the contrary proof is adduced before Court. Before I give the reason and because of how big this Bill is, I just want to notice that we might miss out some items. We might have missed out something in sub-clause (1). I hope the Chair will, at some point; look at it either through a re-committal or in a further amendment. We do not refer to children as “accused persons”. We refer to them as “subject” to avoid stigmatisation. It is something that we had discussed. Perhaps, the Committee Chair may consider a re-committal when we will be doing re-committal of Clause 168(1). I do not have the power to do that amendment so that we use the word “subject” and not “accused”. My amendment here deals with presumptions about age. My worry was that if you have a situation where a child appears in court; he or she is accused yet the child is 14 years but the court does not know the age; they are charged as an adult of 18 years old. Then later, it appears to the court that it was a child, and the court should reverse that decision. Even in terms of where the child is put, it would mean that they will be jailed with adults and treated like adults when they are The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}