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{
    "id": 249034,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249034/?format=api",
    "text_counter": 323,
    "type": "speech",
    "speaker_name": "Ms. Karua",
    "speaker_title": "The Minister for Justice and Constitutional Affairs",
    "speaker": {
        "id": 166,
        "legal_name": "Martha Wangari Karua",
        "slug": "martha-karua"
    },
    "content": " Yes, Mr. Temporary Deputy Chairman, Sir. The reason I am giving it latitude to five years is because sometimes in these cases--- I have been both a practitioner and a magistrate. Sometimes in a rape case, the exhibits may have been mishandled, therefore, not conclusively establishing as the law requires the offence of rape. Although rape may have been committed, the magistrate then has no option but to go by the lesser charge of indecent assault. When we leave it open up to five years, it means that a magistrate assessing the situation then can give such sentence as the facts of the case disclosed. The reason why I am proposing that the fine should not exceed Kshs50,000 is because we are enabling those who have money to buy their way out and the accused; that is the poorer man, to be left in custody. Let the court assess what fine the accused can pay depending on his background. It is better to say he will be liable to imprisonment not exceeding five years or a fine not exceeding Kshs50,000 or to both."
}