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{
    "id": 249095,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249095/?format=api",
    "text_counter": 384,
    "type": "speech",
    "speaker_name": "Mr. M'Mukindia",
    "speaker_title": "",
    "speaker": {
        "id": 271,
        "legal_name": "Kirugi Joseph Laiboni M'Mukindia",
        "slug": "kirugi-mmukindia"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, I am not a lawyer but in our legal system, the burden of proof is always on the complainant. It seems that we have changed that principle in this particular Bill. We need to be aware that now, the burden of proof has been transferred from the complainant to the accused. If that is acceptable to the House, I have no problem. But I do not think that we can pick up just one specific law and change the basic principle. For that reason, I support the amendment. In fact, Clause 29 touches on the same issue. It could be misused, especially where alcohol related cases are concerned. If two men or two women went to a bar, drunk themselves silly and found themselves in a bed the following morning, it is possible that one could become a complainant. The question is: Why would a person drink himself or herself to nothingness and then, accuse the other one and yet, the two may not have known what May 31, 2006 PARLIAMENTARY DEBATES 1095 they were doing because they were under the influence of alcohol. That is very dangerous. It could be used maliciously and fraudulently. We need to protect people in such circumstances. The intention is not to let the culprits go free. In fact, all of us support this Bill strongly. But we should also not create avenues where malice and fraud could be introduced. Let us remember the Affiliation Act and how it was badly misused over several years. It was finally repealed. That was very unfortunate because it was meant to protect children. We want to protect Kenyans against sexual offences. But we should not create another avenue of fraud and malice. Therefore, in order to protect this Bill and ensure that it protects Kenyans, we need to be sensitive to those areas. Therefore, I support the amendments very strongly. Even the Mover of the Bill needs to rethink about that. I have even talked to her about it myself! But I am surprised that it is still there. I pointed out those issues to her."
}