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{
    "id": 251035,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/251035/?format=api",
    "text_counter": 244,
    "type": "speech",
    "speaker_name": "Mr. Kosgey",
    "speaker_title": "",
    "speaker": {
        "id": 177,
        "legal_name": "Henry Kiprono Kosgey",
        "slug": "henry-kosgey"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I believe that if a married couple are conducting their affairs normally we should not fear that marital rape can arise because of this Bill. Mr. Temporary Deputy Speaker, Sir, the bit on whether a person should be innocent until May 2, 2006 PARLIAMENTARY DEBATES 833 proven guilty or guilty until proven innocent is debatable as the previous speaker said. I was of the opinion that if it is in conflict with the Constitution, we can amend it here at the Committee Stage. However, it has been explained by the Attorney-General that it is not in conflict with the Constitution. I am quite satisfied because really if somebody has raped a child and it is his word against that of the child, really which one should we believe? When we were at Safari Park Hotel, we were told of a five month old child who was raped. We cannot sit here and decide to defer this Bill, so that we revise it later. We should pass it. If we find out that there are some sections that are not workable, we will amend them by a simple majority. This is not a Constitution. Mr. Temporary Deputy Speaker, Sir, it might be said that this Bill is in conflict with certain cultural practices, like Female Genital Mutilation (FGM). However, it is already explained here, the Children's Act outlaws FGM. This Bill talks of cases where somebody forces a lady to undergo FGM. Why should we not punish the person who is forcing young girls to undergo FGM? If it is voluntary, then girls can be circumcised. This is a cultural thing that should disappear as our people get educated and we get more civilised. However, this practice is still deep-rooted in some communities such as Gusii. I have already mentioned something on Clause 24 of the Bill. I am quite happy with this clause. There is a lot of sexual harassment in schools, hospitals and other institutions of higher learning. We have heard of cases where female students are forced to give sexual favours, so that they can attain higher marks. These things must stop. We should ask ladies to speak up when such things happen to them. If this Bill is passed, we will soon have a law that will protect them and punish all those people who go masquerading as male chauvinists. I do not want to take a lot of time discussing this Bill as other speakers want to contribute. Finally, I would like to touch on the question of what happens when a person reports a case of rape at a police station. This issue has not been addressed in the Bill. Maybe, I missed out on this issue when I went through the Bill. When a child or a woman goes to a police station to report a rape case, the first thing police officers do is to jokingly ask what happened. At that moment, that person has experienced some form of trauma. It is quite unfortunate that, in most cases, police officers just casually inquire what happened. This is very unfair. Something should be done to make sure that law enforcement agencies do not just take such issues casually. Imagine if it was your child, wife or daughter who was reporting such a case and it was not handled seriously. This is a very serious issue. Ladies should treat this issue seriously. They should not use this issue to behave as if they are fighting men. The issue of sexual violence is not something that ladies should use to compete with men. This matter should be treated with the seriousness it deserves. Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to support."
}