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{
    "id": 1267562,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1267562/?format=api",
    "text_counter": 44,
    "type": "speech",
    "speaker_name": "Sen. Mungatana, MGH",
    "speaker_title": "",
    "speaker": null,
    "content": "the person who committed the act against the victim has been jailed. However, in reality, this victim gets nothing. Under the Penal Code, there is a small provision that talks about restitution of victims after they have suffered criminal violence. If this Charter was implemented in accordance with the Act, people who have suffered and have been subject to problems that are associated with criminals would receive something back, they would be restituted. The Kenyan system has never restituted people who have gone through this problem. Parliament in its own wisdom passed the Victim Protection Act No.17 of 2014. However, the Charter, which is the subject to this Petition, is the one that champions the rights of the victims. When someone is beaten up or is subjected to domestic violence and the Director of Public Prosecution (DPP) enters a plea bargain. This is because the suspect could be a husband and if he is jailed the children are left hanging. As a result of these considerations, someone walks out and the wife who was beaten does not get anything. It happens in many situations. I have illustrated arson, theft and many other situations that exist within the criminal justice system where people decide there is no need to prosecute and forgive. This is because the system is not assisting people to achieve what is restorative justice. I pray that this report will be implemented to the letter. Kenyan people need to see the system working. We know that when the system works then people can have faith in the system. We have seen that out yesterday’s violent protests media report are showing that at least six people died. They died because someone somewhere wanted to call for changes in the Finance Act without using Constitutional means. Our colleagues in the Opposition have decided that they will operate outside the Constitution. They have decided that Kenya should not be a state. The way we agreed to be governed, so that we move out of the state of nature according to Thomas Hobbes, the English philosopher, which states that we need to agree as a state that we will operate within certain laws. Some people do not want to be governed by institutional authority. As a result, people have died, houses have been torched, businesses have been lost and the fear inculcated in people has resulted to businesses not opening. There is criminal liability to this. The victims are the people of Kenya, many of whom cannot speak, because the system is not responding to them. They forgive and blame politics which is not the case. I pray that the report will be taken seriously and implemented. It should go as far as insisting that those people who are culpable must pay back. The criminal justice system should value the house destroyed. For instance, an estimated value of Kshs300,000 for the house burnt; the cattle stolen was worth a certain amount. The criminal justice system should not only jail the culprits but restore the victims’ damages. The criminal justice system must activate this Act. If the Opposition leaders are held liable, what happens to them? The people of Kenya who have suffered losses from the recent maandamano must file the complaints with police officers and the leaders must be held liable. We were told the other day that public property which everybody else and I own was vandalized as a direct result of the mandamano . Who pays for this? Is it right that at the end of it, the public including The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard Services,Senate."
}