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{
    "id": 203788,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/203788/?format=api",
    "text_counter": 136,
    "type": "speech",
    "speaker_name": "Ms. Karua",
    "speaker_title": "The Minister for Justice and Constitutional Affairs",
    "speaker": {
        "id": 166,
        "legal_name": "Martha Wangari Karua",
        "slug": "martha-karua"
    },
    "content": " Mr. Temporary Deputy Chairman, Sir, I rise to oppose the amendment by the Committee and support the amendment by the Attorney-General. The amendment by the Attorney-General seeks to bring clarity, that it is not necessarily to undertake a criminal investigation before instituting a suit for civil recovery. We all know that we do not institute criminal proceedings any time we are suing people who owe us money or who we believe have wronged us. Similarly, the KACC may not have sufficient evidence to institute criminal proceedings, but it may have enough evidence for civil recovery. Noting that any lawyer, worth their salt knows that the burden of proof in civil cases is much lower than that in criminal cases. So, where the people of Kenya, because of scarcity of evidence or different circumstances, are unable to pursue a person guilty of economic crimes in a criminal court, they should be able to, at least, recover the looted property through civil proceedings. This Section is actually just bringing that clarity. I beg to support the Attorney-General's amendment and to oppose the Committee's amendment, and say that it is mischievous and deliberately designed to help looters."
}