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{
    "id": 191010,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/191010/?format=api",
    "text_counter": 183,
    "type": "speech",
    "speaker_name": "Mr. Kioni",
    "speaker_title": "",
    "speaker": {
        "id": 49,
        "legal_name": "Jeremiah Ngayu Kioni",
        "slug": "jeremiah-kioni"
    },
    "content": "Thank you, Madam Temporary Deputy Speaker. I stand to support this Motion. I would like to start by commending the Mover of this Motion, Mheshimiwa C. Kilonzo. This is a very timely Motion because we all know that while there are many other issues that may have caused the violence that we witnessed during the post-election era, one of the medium that was used heavily by those who thought it was necessary to perpetuate the violence was the mobile phones. A lot of hate messages were sent across the board. This only helped to worsen the situation in this country. Any Motion that is introduced in this House that will help us to address this issue from whatever angle needs the support of the whole House. I would want to say that the fact that we have provision in the Kenya Communications Act and I have read Section 23 (1), it is only that there is spirit that comes from the Act, but it does not July 2, 2008 PARLIAMENTARY DEBATES 1545 quite provide for proper legislation. It is important that we get a proper Bill that address this issue specifically. I heard what the Assistant Minister has said that the Bill is on the way to this House to address the same issues. But we are not certain and we do not know whether the provisions that we are talking about in this House are going to be covered in that Bill. So, I would want to support this Motion because anything else will be speculative. We have people who have spread hate messages using the mobile phones. As one Member said, one of the other thing that caused us difficulties was the culture of impunity that is slowly creeping into this country. If we are to curtail that culture, one of the things that we have to do is to make sure that there are laws that are going to be used to stop such behaviour. One of them is the introduction of this Bill in this House. So, it is important that while we appreciate that we need to look at the culture of impunity, this will go along way to help in the legislation of the same. Two, it is important that we enable our courts to use evidence that may be gotten by the police from the handsets. As it is now, it may be possible to track down a user of a given number, but how possible is it that the same information can be used to convict a person in a court of law? That is still something that is debatable. One of the speakers said that we may be looking at the issue of investment in this country in a negative way by allowing the introduction of this Bill. It is important for us to note that world over, this is the trend and every other country or most of the other countries in the world are still belabouring this issue as to how do they legislate against misuse of these technologies that are still useful in terms development and investment. It is important that any effort that is made by whichever quarter and in this particular case, through this Motion on the Floor be encouraged and supported. That way, we will be able to gain some ground. Certainly, we have been left behind in terms of legislation on this technology. We are all aware that criminals are actually having a field day using these mobile phones other than just the hate messages that were used and would have easily brought this country down. I think nobody will want to say otherwise, because that is there. Criminals are having a field day using these mobile phones. While enforcement officers may have used other technologies to catch up with them, it is important to make it easy and possible for every other person and more importantly the enforcing officers that this be mandatory. It should be mandatory for all subscribers to be registered. One would not be seen infringing on our freedoms when one is tracked down having used the phone to perpetuate a criminal act. It is important that we move in tandem with other nations. That is why I would want to support this Motion and say that it is timely. It is important that we support it as a House. With those few remarks, I beg to support."
}