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{
    "id": 249082,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249082/?format=api",
    "text_counter": 371,
    "type": "speech",
    "speaker_name": "Mr. Marende",
    "speaker_title": "",
    "speaker": {
        "id": 289,
        "legal_name": "Kenneth Otiato Marende",
        "slug": "kenneth-marende"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, I beg to move: THAT the Bill be amended by deleting Clause 23 and substituting therefor the following new Clause- 23. (1) Any person, who being in a position of authority, or holding a public office, who persistently makes any sexual advances or requests for sexual favours which he or she knows or has reasonable grounds to know, are unwelcome is guilty of the offence of sexual harassment and shall be liable to imprisonment for a term of not less than three years or to a fine not less than Kshs100,000 or to both. (2) It shall be necessary to prove in a charge of sexual harassment that- (a) The submission or rejection by the person to whom advances or requests are made is intended to be used as basis of employment or of a decision relevant to the career of the alleged victim or of a service due to a member of the public in the case of a public officer; May 31, 2006 PARLIAMENTARY DEBATES 1093 (b) Such advances or requests have the effect of interfering with the alleged victim's work or educational performance or creating an offensive working or learning environment for the alleged victim or denial of a service due to the member of the public from a public office. Mr. Temporary Deputy Chairman, Sir, this proposed amendment is extensive. This particular Clause of the Bill has attracted a lot of debate. There was a lot of zeal on the part of hon. Members when they were discussing this particular Clause. The concerns raised have been addressed in this proposed amendment. The rationale of this amendment is that it will introduce clarity to the Clause as to what amounts to sexual harassment. The proposed amendments will take care of both the alleged victim and the suspect. The proposed amendment will also ensure that the public is safeguarded against possible blackmail and frame-up. Importantly, it will ensure that there are no frivolous and vexatious allegations by alleged victims of sexual harassment. Mr. Temporary Deputy Chairman, Sir, it is in that context that I have proposed that amendment."
}