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{
    "id": 1354762,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1354762/?format=api",
    "text_counter": 116,
    "type": "speech",
    "speaker_name": "Sen. Sifuna",
    "speaker_title": "",
    "speaker": {
        "id": 13599,
        "legal_name": "Sifuna Edwin Watenya",
        "slug": "sifuna-edwin-watenya"
    },
    "content": "I do not know or would like to be convinced whether creating a specific law on livestock is the right thing to do in light of the fact that this law already exists. Clause18(2) creates what is essentially a mirror of the existing laws on robbery with violence. That if you steal anything and under that particular moment of theft you are armed with an offensive weapon or use the threat of force, it graduates the crime from a simple to a capital crime. That would be a problem. The same goes for Clause19. There is already an existing law on trespassing. Sen. Cherarkey is aware of the law. Mr. Speaker, Sir, my greatest problem is Clause 34. I wish that in this particular Clause we go together. I believe the Constitution is clear in assigning jurisdiction over certain crimes. The High Court ordinarily deals with capital punishment. If you state that stealing an animal while armed or committing violence in the course of the crime is a capital offense for which you are liable to be jailed for life, then state that any subordinate court shall try offenses under this Act or any rule made herein under, this would be interfering with the various jurisdictions of the courts as laid out in the Constitution. We might be creating unnecessary libraries for documentation that would be rendered immediately unusable after a few weeks. We are required to register a brand, and you acquire a certificate for the brand. If you move animals, you need another document. If you take it to an abattoir, you require another document. There is more documentation that cannot be placed on the shoulders of ordinary farmers. I implore this House to be persuaded that it is the national Government's responsibility to secure Kenyans' lives and properties. Let us not push legislation that would shift that burden to the mwananchi or the county governments where the commensurate resources will not fall. If this will be the responsibility of county governments, then the resources for that work must also be devolved. I agree with the spirit of the Bill, but I urge the proponent of the Bill to consider some of the concerns. They are genuine and are from a place of love. If I can say that on the Floor of the House, without running the risk of kicking myself out. Let us consider this so that we come up with legislation that is helpful to the country and does not excuse the national Government from its responsibility to secure Kenyans' lives and property."
}