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"id": 205100,
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"type": "speech",
"speaker_name": "Mr. Wako",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 208,
"legal_name": "Sylvester Wakoli Bifwoli",
"slug": "wakoli-bifwoli"
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"content": " Mr. Temporary Deputy Chairman, Sir, it is quite clear that the proposed amendments, both my amendment and the amendment of hon. Ndung'u, are specific referring to Paragraph \"e\". Now, as has been stated, the proposed amendment is to make issues even clearer because the way it reads now, the current law is calculated to promote feelings of hatred and enmity. That is all. It is very vague. What is hatred? What is enmity? These are very vague notions which are so vague that they have permitted the abuse of this paragraph which the hon. Members are complaining about. The complaints that are emanating from both sides of the House are complaints about misuse of this particular section because of the vagueness of what is \"hostility\" and \"enmity\". Therefore, what the proposed amendment is trying to do is to clarify issues. We are not talking just enmity; but we are talking about violence. We are talking about hostility. We are not talking about just a community. What is a community? We are dealing with something more specific and that is an ethnic community. Let us call a spade a spade. So, this section is actually clarifying and making it clear, so that it is not subject to any abuse. Mr. Temporary Deputy Chairman, Sir, comments have been made on the issue of the September 6, 2007 PARLIAMENTARY DEBATES 3767 existing proviso. Clearly, the existing proviso is superfluous. If the intentions are good, then it cannot be inciting. The case cannot be proved in court because the first issue that has to be proved in court, if this House enacts this, is this intention which is calculated. That has to be proved completely before the court of law. If the intention is noble, in good faith and, in actual fact, to revoke the hostilities, then how can you ever be successfully prosecuted? So, I oppose the amendment by hon. Ms. Ndung'u."
}