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"speaker_name": "Mr. Muturi",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to say a few words on this Bill. Every time we are called upon to debate legislation, one must try to read beyond the written words, especially when the Government comes up with certain proposals like those contained in this Bill. Mr. Temporary Deputy Speaker, Sir, in the Memorandum of Objects and Reasons, the Bill says as follows:- \"The objects of this Bill are to provide for the prevention, detection, investigation, criminalisation and punishment of organised crime; to provide for the recovery of proceeds of organised criminal group activities; to provide for international co- operation and mutual legal assistance and to provide for matters incidental thereto and connected therewith\". From this opening paragraph of the Memorandum of Objects and Reasons, notwithstanding the very persuasive arguments advanced by the Attorney-General while moving this Bill, and the Seconder, Mr. Munya, I see that this Bill is not home-grown. I see an element of some foreign power. It may well be that even your foreign friends can help you, but it is important, at all times, to bear in mind that you must protect and safeguard the interests Kenyans, first and foremost. If you go to Part V of the Memorandum of Objects and Reasons, you will see that Clauses 32-36 provide for co-operation between Kenya and other states in relation to the investigation of organised crime and the tracing, seizure and forfeiture of organised criminal group property. It also provides for the furnishing of information by the Attorney-General, the taking in Kenya of evidence and action at the request of other states, and for the making of similar requests by Kenyan authorities. One can talk about reciprocity but, of course, this Bill is for prevention of organised August 30, 2007 PARLIAMENTARY DEBATES 3629 crime. Mr. Temporary Deputy Speaker, sir, under Part I, Preliminary, where we have the interpretation clauses, under Clause 2, \"organised criminal group\" is said to mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of- (a) committing one or more serious crimes, or (b) committing one or more serious crimes in order to obtain, directly or indirectly, a financial or other material benefit or any other advantage. In this, I am reading not just the desire by the Government to contain criminal gangs like Mungiki . The Government had better admit that this is not a product of the Government's sincere concerns about the extent of organised crime, or the need or desire to contain, prevent, investigate and punish. For that reason, in as much as I would not want to be seen to be opposing for the sake of opposition, I would want to urge that there must be caution. Mr. Temporary Deputy Speaker, Sir, I have just read out the definition of \"organised criminal group\" on page 2151, appearing under Clause 2. On page 2152, \"serious crime\" is said to mean conduct constituting an offence against a provision of any law in Kenya punishable by a term of imprisonment of at least six months. This is now being called \"serious crime\". Obviously, the Attorney-General and Mr. Munya know that offences for which the penalty is imprisonment for a term of six months are, actually, misdemeanours. As I continue highlighting the contents of this Bill, they can see where they have gone wrong. When our American brothers came up with the proposal, they rushed to implement it. Crimes attracting six months imprisonment are very petty. If you commit a crime, under this proposed law, which is punishable by a term of imprisonment of six months, there will be a contradiction between this proposed law and what is provided for under the Penal Code. Mr. Temporary Deputy Speaker, Sir, I can see that the Government side is in a hurry to conclude this debate. We must take our time. I want to take my time because, unfortunately, this bill is dated 27th July, 2007. I am sure that we have not had the benefit of a Report by the very able Department Committee on Administration of Justice and Legal Affairs because, as one would appreciate, its Members may not have had the time to look through it. I am sure, they could have given us some useful Report. It is for that reason that I feel that, in as much as the Government may be in a hurry to conclude this debate, we must be careful. We are passing laws for today and for posterity. We should not pass laws which we will regret sooner than later. We have just seen very many amendments proposed in the Statute Law (Miscellaneous Amendments) Bill to the Anti-Corruption and Economic Crimes Act, Act No.2 of 2003. That Act was passed by this Parliament, and today there are major amendments being proposed to it. It is for that reason that I feel that we should take our sweet time. As you can see, the Attorney-General did not want to take enough time to explain to hon. Members all these details."
}