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{
"id": 195179,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/195179/?format=api",
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"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
"slug": "martha-karua"
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"content": " Thank you, Mr. Deputy Speaker, Sir. I rise in support of the Bill. I will be very brief because most of the things that I would have liked to say have been said by other colleagues. First, I just want to reiterate that plea bargaining has been with us, but only in murder cases; where murder has been reduced to manslaughter in befitting occasions. So, the Bill is widening the scope of plea bargaining. I want to agree with Mr. Githae that crimes against humanity, or all crimes that ought not to be subjects of plea bargaining under international law, should be exempted. I have no fears that the enactment of the Bill would lead to corruption in the justice process. Corruption occurs even today, whether through lawyers, prosecutors or judicial officers, where the persons involved lack integrity. So, the law per se cannot increase incidents of corruption. I believe that the Attorney-General would monitor what happens with his Prosecutors and State Counsels. Similarly, the court process should also be able to audit what happens before its officers. We should have internal mechanisms of raising the Bar and ensuring that corruption is weeded out not only in cases of plea bargaining, but in all cases. However, Mr. Deputy Speaker, Sir, I have been discussing with the Attorney-General and I would like to draw the attention of the House that the proposed Clause 137(m), which says:- \"Notwithstanding anything contained in any written law for the time being in force, the statements or facts stated by an accused person in a plea agreement shall not be used for any other purpose except for the purpose of this part\". I think we need to relook at this clause. The Memorandum of Objects and Reasons says clearly that enactment of this proposed legislation is to enable clear the backlog in our courts. The backlog is not only in criminal cases but also in civil cases. We, therefore, must allow the plea bargaining agreement to be used in a civil case that is related to the criminal case before the court. That would, similarly, clear the backlog in the civil cases that arise out of that criminal case. After all, even today, a criminal conviction can actually be produced as evidence when one is pursuing a civil remedy. This gives impetus to another suggestion that, perhaps, we should start relooking at the civil procedure where we can say that a criminal conviction becomes proof of the civil matter, and 852 PARLIAMENTARY DEBATES May 6, 2008 it if is a claim for compensation, all that would remain would be the assessment of damages. But even if we do not go that far, it would be prudent, in my view, to allow the plea agreement to be used in the civil process. Now, Mr. Deputy Speaker, Sir, the issue of plea bargaining is exempt for certain offences, and I have already said, I associate myself with what has been said before and what is on the legislation on cases involving sexual offences and any other offence that the Attorney-General may, by notice in the Gazette, exempt. But, instead of leaving it just open for the Attorney-General to gazette, we could now include crimes that are under international law that cannot be subject to plea bargaining because they are known. We are party to the Rome Statute, we can just remove them and enrich this Act by making an addition. Mr. Deputy Speaker, Sir, in conclusion, this is a progressive legislation. It is the way forward and even to finish the backlog of the many past economic crimes and corruption cases and all the myriads of criminal cases that are pending, we need this legislation. We do trust that, once it is enacted, it will be utilised with vigour to ensure that we unclog the wheels of justice and also the criminal justice system. I commend the Attorney-General for bringing the legislation and I beg to support."
}