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{
    "id": 205124,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/205124/?format=api",
    "text_counter": 356,
    "type": "speech",
    "speaker_name": "Ms. Ndung'u",
    "speaker_title": "",
    "speaker": {
        "id": 361,
        "legal_name": "Susanna Njoki Ndung'u",
        "slug": "njoki-ndungu"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, the proposals by the Attorney- General in the new Section 102A are intended to spell out penalties for persons convicted for the offences of abuse of office. Currently, the penalties are considered very low because the offences are considered misdemeanours. In the Departmental Committee on the Administration of Justice and Legal Affairs, we agreed with the Attorney-General that these offences should become felonies. But our proposal is that we disagree with him about the penalties. The Attorney-General is September 6, 2007 PARLIAMENTARY DEBATES 3769 proposing as penalty a fine or a jail sentence which, lies very well with the Committee. What we disagree with is that he is proposing an additional fine, so that if a person is convicted, not only does he face a jail sentence but he also pays two fines. We find this to be double jeopardy, unconstitutional and, therefore, we have re-worded it, so that the amendment states that the person convicted of abuse of office shall be liable to a fine not exceeding Kshs1 million, or imprisonment not exceeding ten years or both. We had done away with the additional fine. That is the rationale for this amendment."
}