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"id": 209670,
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"speaker_name": "Mr. Kajwang",
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"id": 164,
"legal_name": "Gerald Otieno Kajwang",
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"content": "Yes, Mr. Chairman, Sir. Mr. Chairman, Sir, I beg to move:- THAT, Clause 33 be deleted and substituted therefor with the following: \"No person shall smoke in any enclosed public place\". Mr. Chairman, Sir, I am seeking to delete the entire section of Clause 33 because Clause 33 seems to list the areas that cigarette-smoking could be prohibited. My argument is that they are too many. There are many others which they may not have thought of. You can see that they are talking of restaurants, hotels, bars, railway stations, airports and airfields. They are talking of markets, whether they are open or shopping malls. They are even talking of stadia, if you look at part (q), as open as they may be, if you look at Nyayo Stadium or any other stadium. They are talking of court buildings. They are also talking about compounds of prisons, whether they are in prison farms or not. So, I think we cannot even imagine how many other places that are remaining. So, I was proposing one amendment; that we delete those classifications and we simply say: \"No person shall smoke in any enclosed public place\". If the qualification now becomes an enclosure, but an enclosure which is also a public place, do not smoke there. For example, do not smoke within Parliament Buildings. It will be an enclosed place. But if I was to go out in the parking, I should be allowed to smoke because it is still a public place, but open-air. I think what we were trying to do is to say: \"Please, do not smoke to inconvenience non-smokers.\" But if we say: \"Do not smoke in any public place, including the foyer and parking\", essentially, we are soon going to say you cannot smoke at all! We will be banning smoking! So, my amendment is simply saying: \"Please, ban smoking in enclosed areas! But do not ban it in all public places. You have not even thought of beaches. I come from an area with beaches. Beaches are also public places, but they are open-air. That is my amendment."
}