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{
    "id": 1268719,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1268719/?format=api",
    "text_counter": 46,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": "they used to be laws in another country, and by virtue of some date in our laws, they became applicable to our country. What exactly are we talking about when we refer to “idle and disorderly persons?” The idea of introducing Section 182 of the Constitution through Act No.40 of 1952 was to stop Africans from gathering in a manner that the white man could not understand. This was during the State of Emergency. Any time Africans were seen in a group, the white man would imagine that we were plotting on how to execute the Mau Mau rebellion in the country at that time. Therefore, there were several categories of people who were lumped together as being idle and disorderly, as a result of which they would get punished through a court of law, go to prison for about a month or pay a fine of not more than Ksh100. That is why the Act should be repealed. Why would anybody today be fined less than Ksh100 for doing any of the things that are set out here? That tells you that we have a lot of dead letter laws in our statutes, including the Penal Code, which needs to be repealed. One such dead letter law is this one on idle and disorderly persons. Hon. Temporary Speaker, it is totally demeaning and condescending for anyone to term another person as “prostitute.” While we use better terms today, including “commercial sex workers” and other terminologies, calling somebody a prostitute is demeaning. It should not be entertained in our statute books. What exactly does it mean to “behave in an indecent manner in any public place?” We need a definition of what “indecency” is because we may purport to know what a “public place” is but a nightclub or refreshment areas where people go at night are public places. The mode of dressing in those areas is in consonance with them. Therefore, why would a lady be told that she is indecently dressed or is exposing herself? Clause (b) talks about “every person causing, procuring or encouraging any person to beg or gather alms.” That is totally un-African. Africans have no problem with moving from one household to another asking for relief food especially when there is drought. Is that begging? Does anybody who tells another one to do it so that they do not starve to death encouraging idle and disorderly conduct? We also have poor, vulnerable, blind and disabled people who are less privileged. Is it disorderly conduct if they beg for alms? Clause (d) talks about “every person who publicly conducts himself in a manner likely to cause a breach of the peace.” Again, what does it mean to conduct yourself in a manner likely to cause a breach of the peace? We need a definition of that. We have recently been seeing maandamano and picketing which we were told were lawful and constitutional. We were told that those who were in maandamano were conducting themselves in a manner that was contrary to the law, including breach of peace. We need a definition of this, so that we do not lump everybody together."
}