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{
    "id": 1406458,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1406458/?format=api",
    "text_counter": 28,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, you may recall that on 20th March 2023, the National Assembly passed the Penal Code (Amendment) Bill (National Assembly Bill No.56 of 2022) which was sponsored by the Member for Nakuru Town East, Hon. David Gikaria, MP. The Bill sought to repeal Section 182 of the Penal Code Cap. 63. Following its passage, I presented the Bill for assent to H.E. the President in accordance with the provisions of Article 115 of the Constitution. Hon. Members, I wish to convey to the House that I have since received a Memorandum from His Excellency the President referring the Bill back to the House for reconsideration in accordance with the provisions of Article 115 of the Constitution. In the Memorandum, H.E. the President has expressed reservations on Clause 2 of the Bill and notes, inter alia : 1. That, were the Bill to be assented to in its present form without offering alternative offences or sanctions, the Bill will effectively render certain indecent, immoral or disruptive public conduct to be acceptable; 2. That, the repeal of Section 182 shall encourage the Commission of the Acts covered under Section 182 and allow persons to freely behave in a disorderly or indecent manner in a public place and conduct themselves in a manner likely to cause a breach of the peace; and 3. That, the repeal undermines the credibility of criminal law and may promote public disorder and disobedience. Further, a blanket decriminalisation of conduct that a majority considers delinquent, undermines the reputation of the law as a reliable moral authority that should be obeyed. Consequently, H.E. the President recommends deletion of the said Clause of the Bill, which as a matter of fact, is the primary content of the Bill."
}