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"id": 251007,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/251007/?format=api",
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"speaker_name": "[The Attorney-General]",
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"content": "Mr. Deputy Speaker, Sir, it may be recalled that when I moved the Criminal Law (Amendment) Bill in 2002, I stated that the amendments as at that time were stop-gap measures, and that I looked forward to this House debating the Sexual Offences Bill. I am glad that, in the formulation of this Bill, the hon. Member has not only co-operated with my office but there has also been wide consultations involving all stakeholders, which led to this Bill in the way it is now. Mr. Deputy Speaker, Sir, I said so because, as we all know, and as was stated by the shadow Attorney-General, the Penal Code that we have in our statute books came into force way back in 1930. It must be recalled that, in fact, the Penal Code that came into force in 1930 was itself based on a legislation in England which was passed in 1861 and amended slightly in 1885; and then produced to the colonies through the Indian Penal Code at the beginning of the last century. So, we are dealing with a piece of legislation which has been around for 140 years with slight amendments over time. Whereas in the United Kingdom (UK) itself there has been tremendous progress in legislation on this issue; and whereas in other countries like India and even our neighbours, for example, Tanzania and Rwanda, there has been tremendous progress in the May 2, 2006 PARLIAMENTARY DEBATES 827 legislation on this issue, we, in Kenya, have not advanced as much apart from the stop-gap measures that were introduced in the year 2002. Consequently, the kind of issues that were meant to be dealt with at that time are not the kind of issues that we are facing today. We are, today, facing issues like sexual tourism, child pornography, child trafficking, the HIV/AIDS pandemic and other numerous ills which were not thought of at that time. I support this Bill because it is now dealing, in a comprehensive manner, with the issues I have just mentioned. Mr. Deputy Speaker, Sir, this Bill contains provisions on child prostitution as well as provisions relating to child trafficking. The Bill seeks to make it an offence to expose children to pornography. It has a more elaborate definition of incest, which takes into account our own traditional ways of looking at incest, taking into account our own extended family systems. It also deals with the issue of deliberate transmission of HIV/AIDS and other life threatening sexually transmitted diseases by one person to another. These are issues which were not contemplated when the existing Penal Code came into force. Mr. Deputy Speaker, Sir, this Bill deals with an issue we do not normally provide for in our legislations. The only other legislation in which we have provided for it is in the Narcotic Drugs and Psychotropic Substances Act, where we have said that the law is not just law but rather it must go hand-in-hand with treatment. Very moving examples have been cited from the Floor of the House by Mr. Bett and Prof. Anyang'-Nyong'o. A paedophile is not just a law breaker. He or she must be sick. Therefore, Clause 40 of this Bill seeks to provide for medical treatment for such a person. It does not just seek provision for custodial sentence but it says that even as such, if a person is in prison, he is entitled to medical treatment. That is why I am supporting the Bill. Mr. Deputy Speaker, Sir, I agree with the previous speaker that law does not operate in a vacuum. In order for the legal framework to be effective, it must not operate in a vacuum. That is why this Bill in clauses 50 and 51 provides for the provision of a national policy framework in which this law will operate. Obviously, issues such as eradication of poverty will have to be handled as some of the underlying factors which contribute to some of the issues addressed by this Bill. Let me add that this is not just a matter of eradication of poverty. We have discovered that in the West, this is a disease of the rich; the very affluent. Things are happening at that level, which will shutter your mind. Acts of paedophile and child pornography, just for the pleasure of seeing a child being raped or participating in a sexual orgy, are perpetrated by the affluent members of society in the western countries. Therefore, this Bill envisages implementation of a law that will take into account the policy and administrative structures which will be put in place and reviewed from time to time as the society progresses. Mr. Deputy Speaker, Sir, a number of things have been said. Since we are approaching this problem as a House, we should discuss this Bill dispassionately and objectively. We should identify the areas that need to be amended. I am quite sure that the relevant Departmental Committee will be studying the contributions being made from this House with a view to making amendments where, absolutely, necessary. The amendments that will be proposed will be brought to this House and we will enact them into law. I would like to remind the House that we should undertake to do this in a very realistic manner. For instance, a lot has been said about Clause 31 which seeks to criminalise forced circumcision. If I may say so, this is a cultural issue, and it is true that whereas this law was passed in the UK---"
}