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{
"id": 206268,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/206268/?format=api",
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"type": "speech",
"speaker_name": "Maj-Gen. Nkaisserry",
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"speaker": {
"id": 192,
"legal_name": "Joseph Kasaine Ole Nkaissery",
"slug": "joseph-nkaissery"
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"content": "The Government must come out and say that organized crime, mafia-like, Mungiki type, needs a law to ensure that it does not exist in this country. The Government is scared of mentioning organized crime. The other reason for I supporting this Bill is the issue of drug trafficking. It has been a thorn in the flesh of this country. But where is the political will to fight it? We know that Kenya has become a conduit for drugs in this region, but the political will is not there. If we can pass this Bill, it will enable this country to curb this kind of crime. In fact, I expected the Government not to even move a new Bill. I am not a lawyer, I am a military general. You must deal with the enemy, and the 3626 PARLIAMENTARY DEBATES August 30, 2007 enemy here is the one committing crime in this country. First of all, we should have enhanced the laws that we have. We have the Police Act, the National Security Intelligence Service (NSIS) Act, the Fire Arms Act, the Anti-Corruption and Economic Crimes Act. So, if people are committing money laundering crimes, you should have enhanced the Anti-Corruption and Economic Crimes Act by putting in a chapter to deal with it. If you are dealing with illegal small arms--- As I stand here, I am the Vice-President of the International Parliamentary Forum on Small Arms and Light Weapons. So, I would like a law to be passed, not only for Kenya, but for other countries to curb proliferation of small arms in the Horn of Africa and the Great Lakes Region. So, it is very important. We should have enhanced the Fire Arms Act in this country, so that if you are found with a fire arm without a licence, you go in for not less than ten years. That is the only message that can send shivers down the spines of criminals. If you eradicate illegal small fire arms from this region, you will reduce cattle rustling in the Horn of Africa, petty crimes, and other crimes like breaking into banks. If we provide that if you are found with a gun you will be taken in, without the option of a fine, for not less than ten years or 15 years. I am 100 per cent sure that we are going to reduce crime. So, when you talk about the issue of money laundering, you should enhance the Anti- Corruption and Economic Crimes Act. Who is doing money laundering? What happened to the Goldenberg and the Anglo Leasing money? There was money which was said to have been transferred from an account somewhere in the blues and deposited to an account in the Central Bank of Kenya (CBK) and they do not know who sent in the money. We should have had a specific law to deal with that. That is what I am saying, we should have enhanced the Anti- Corruption and Economic Crimes Act instead of bringing here another Bill. The intra-agency co- ordinators in all the economic and law enforcement agencies would have sat down and talked about how to draft this Bill. I have read this Bill and in some areas it looks like we are playing to the galleries of the international community. I would like to point out that, while international agreements are acceptable, we cannot sell our sovereignty. If a criminal commits a crime in Kenya, we should be able to deal with him. We cannot sell our sovereignty to another country. If somebody is going to demand that so-and-so, who has committed a crime in Kenya, be punished in another country, we cannot accept that. While we are looking into this Bill, we must never sell our sovereignty. Mr. Temporary Deputy Speaker, Sir, cattle rustling is an organized crime. This issue is in the docket of the Assistant Minister, who just seconded this Bill. From time immemorial we have had a problem of people stealing cattle from other communities and selling them. So, it is a vicious cycle. So, this Bill should also target that particular area. The other very important aspect is human trafficking. We have seen a lot of human trafficking of late. The other day, children were kidnapped. This is a problem which is starting. So, this law is coming at the right time. It should be refined and have specific chapters to deal with specific issues, but be without the provision regarding the surrendering of our sovereignty. I spoke about money laundering and drug trafficking, but the political will is lacking. The law is there then we do not need another one and if it is there, then it will take its own course. That is why this Bill is fundamental. Another organized crime, although it is part of income generating activities, is prostitution. Prostitution is a crime which must be dealt with. Unless it is properly licensed, it is a serious crime. This law must target it, so that we have a country free of prostitution. With this law, we will not have to hear of prominent members of our society being reported as having been seen in particular areas. That is also a very important aspect. I want to emphasize that this Bill should target the mafia-like organizations like Mungiki, groups involved in money laundering, drug and human traffickers. August 30, 2007 PARLIAMENTARY DEBATES 3627 Mr. Temporary Deputy Speaker, Sir, we should be very serious and ensure that this law takes effect as soon as possible. Mr. Temporary Deputy Speaker, Sir, I want to end my contribution by saying that this country has great potential, but is an under-achiever. The people who have been given the responsibility to ensure that it is a great nation in this region have failed. With those few remarks, I support."
}