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{
    "id": 251444,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/251444/?format=api",
    "text_counter": 354,
    "type": "speech",
    "speaker_name": "Mr. Wetangula",
    "speaker_title": "The Assistant Minister for Foreign Affairs",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I know my good friend, hon. Ndung'u, has very noble intentions. We debated her Motion and passed it here, and we want to go the whole hog and pass the Sexual Offences Bill. But I want to give her free advice, that she steps down this Bill voluntarily, then we go and re-look at it and refine and pass a law that is good for all of us. There is nobody in this House, on either side, who would be happy about rape, particularly aggravated rape or paedophilia. We want the people who commit those offences severely punished. But we do not want to murky the waters by over-colouring the Bill and putting in all manner of things that are not defensible both in law and, particularly, under the Constitution. This is the first time, for instance, that we have brought a law to this House where we are saying that an accused person has a duty to prove himself innocent. Section 77 of the Constitution is so clear. When you are taken to court, those who take you must prove you guilty. It is not for you to prove yourself innocent. The day we visit our people with that kind of law, God help this country. Mr. Temporary Deputy Speaker, Sir, if you look at Clause 36, you wonder what law we want to create. When somebody complains of rape and goes to court, you are not entitled as a defendant, or even the court itself, to make inference on the fact that the complainant took three, four or five years to complain. What was he or she doing? We have seen in other jurisdictions rape law being used as a political tool. There is a Swahili saying that, \"ukiona mwenzako akinyolewa, nawewe tia kichwa chako maji.\" Mr. Temporary Deputy Speaker, Sir, the hallmark of this Bill is punishment; punishment. My colleagues have talked about it. I am a father of daughters and sons. My son has just turned 18. If he went to the Carnivore Restaurant tomorrow with hon. Anyang'-Nyong'o's daughter---"
}