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{
    "id": 1520529,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1520529/?format=api",
    "text_counter": 123,
    "type": "speech",
    "speaker_name": "Emuhaya, ANC",
    "speaker_title": "Hon. Omboko Milemba",
    "speaker": null,
    "content": "cultural artefacts and other property are stolen. I think punishing a person who has affected an entire community and its cultural landscape by imprisoning them for two years or less or a fine of Ksh100,000 or Ksh200,000 is too lenient. It looks like we are being casual in our intention to protect culture. Cultural expressions and artefacts are very expensive mementos. They can fetch very high prices elsewhere when they are retrieved. I come from the Abasiekwe community which has a strong culture. They are the only rain makers in this country. In 1963, it was raining heavily in Nairobi and we wanted to get independence and so, they were invited to stop the rains. If somebody interferes with them and is only fined Ksh200,000 or an imprisonment of two years, that is too little. The community continues to make rain. They have a number of issues regarding what needs to be incorporated. This law should have provided a base to protect their culture so that it is not exuded by other people. It also reminds me of the Tiriki in Vihiga, who have a very strong cultural base. They have their forests, expressions and landscapes which they use for circumcision. They will be circumcising this year and they need to be protected. So, we should not make the punishments casual. This is something we will discuss and make amendments. This Bill seems to leave out certain aspects of cultural patrimony which goes beyond artefacts. This is to do with cultural expressions and the nature of culture itself. This law does not seem to go to that extent. It identifies and deals with items of culture, but you know culture also includes archaeological sites. How are we going to deal with archaeological sites that are the mother of culture and other cultural expressions? There has been an attempt to protect culture using international law. This Bill is actualising some of those conventions that protect culture internationally. This is very good. One such convention is the Hague Convention. In Article 1, it protects cultural property and landscapes even during war. So, our Bill must encompass the broadness of culture beyond the artefacts and the physical things that can be seen or carried from one place to another. Of course, not forgetting what this Parliament has always done, which is wrong. We often get tired when we are making a law and indicate that the Cabinet Secretary will make certain regulations or laws. This is not their business. This Bill has also taken that direction. Therefore, during the Committee of the whole House, we need to go into the details to ensure that we make a complete law even though culture is very broad. The law will be the beginning of protecting our cultural practices moving forward. Thank you, Hon. Temporary Speaker."
}