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"speaker_name": "Mr. Muite",
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"legal_name": "Paul Kibugi Muite",
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"content": "Mr. Temporary Deputy Chairman, Sir, the Departmental Committee on the Administration of Justice and Legal Affairs, at a sitting, agreed to support the recommendation by His Excellency the President on this particular proviso. So, we are supporting that the House agrees that the proviso be deleted. Mr. Temporary Deputy Chairman, Sir, I want to point out that the reason why the Committee had recommended the proviso, in the first place, was because of Section 77(4) of the Constitution of Kenya. It reads:- \"No person shall be held to be guilty of a criminal offence on account of an act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed\". Therefore, we were merely, sort of being over-careful or over-cautious. In fact, Section 77(4) makes it clear that one cannot be punished for an act that is not an offence. Mr. Temporary Deputy Chairman, Sir, the Attorney-General is aware---"
}