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{
    "id": 251432,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/251432/?format=api",
    "text_counter": 342,
    "type": "speech",
    "speaker_name": "Mr. Muturi",
    "speaker_title": "",
    "speaker": {
        "id": 215,
        "legal_name": "Justin Bedan Njoka Muturi",
        "slug": "justin-muturi"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I do recall seeing some leaflets being circulated in the House. I really do not know if the Mover intended that they be the corrigenda. They needed to be attached to the Bill. But she came and threw them around here. The public had access to the leaflets. How could you differentiate between a corrigenda and that kind of civil society activism? Let me not repeat the question of rape because it has been abundantly shown that it has not been defined in this proposed Bill. What is strange about the Bill is the attempt to repeal Section 139 of the Penal Code from the definition of rape which was read out to all of us by Mr. Kajwang when he contributed. It is so comprehensive. Now, this Bill seeks to oust that one. It replaces it with nothing as has been shown. On the sideline there is a note indicating \"rape\". This definition is very interesting. It states that you commit rape if the consent is obtained by force or by means of threat or intimidation of any kind. This means that we do not have the definition of rape as an offence. Quite interesting is the provision on Clause 5 at page 351. This purports to be the offence of sexual assault. It states as follows:- \"Any person who penetrates the genital organs of another person with any part of the body of another or that person---\" This means penetrating yourself. I do not know how that is likely to happen. \"---is guilty of an offence termed sexual assault.\" It does not say \"Without the consent of that other person.\" This is what is called in law, actors rule. It is the act of that penetration. Whether or not there will be consent, you are guilty of an offence termed sexual assault. This means that even in your own home you will be guilty of sexual assault. It is a figure of speech. I am not directing it to the person on the Chair. The Bill has not said that if the penetration is without consent. It talks of penetration per se. It states as follows:- \"A person guilty of an offence under this section is liable upon conviction to imprisonment to a term of not less than 10 years but which may be enhanced to life imprisonment.\" For what? Why should you be jailed for penetrating? You have not done it against the will or without the consent of the other party. It is just mere penetration. This is very dangerous. It will break up families. 800 PARLIAMENTARY DEBATES April 27, 2006 Mr. Temporary Deputy Speaker, Sir, I cannot understand how we can discuss this Bill here as being revolutionary. It is clear to all of us that there exists sufficient law to deal with the offence of rape and other sexual offences. It is not the absence of law. We must locate blame where it is. On page 397 the transition provisions state the following. It is important that I read this for us to appreciate what I am saying. It states as follows:- \"1. Notwithstanding the provisions of any other Act, the provisions of this Act shall apply with the necessary moderations upon the commencement of this Act to all sexual related offences. 2. For greater certainty the provisions of this Act shall supersede any existing provisions of any other law with respect to sexual related offences.\" This Bill has purported to define what sexual offences are. Mr. Temporary Deputy Speaker, Sir, what happens to the offence created in the Penal Code under Section 162 which is called an unnatural offence? This is defined as the act committed by any person who has carnal knowledge of any person against the order of nature. This has not been defined here. What also becomes of the offence of Section 162(b) which states: \"Any person who has carnal knowledge of an animal---\"? All these are offences in the Penal Code. You are saying that the provisions of this Bill, when it becomes law, will supersede all other laws in relation to sexual offences.\""
}