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"id": 252036,
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"type": "speech",
"speaker_name": "Ms. Ndung'u",
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"speaker": {
"id": 361,
"legal_name": "Susanna Njoki Ndung'u",
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"content": "Mr. Deputy Speaker, Sir, Clause 35 provides for protective measures for vulnerable witnesses. In Clause 36, there is a provision that the court may not draw an inference solely on the account of the fact that there has been a delay in reporting the alleged commission of the offence. One of the reasons why we have introduced this clause is because there is no other crime in Kenya in which the length of any delay between when the crime is committed and when it is reported, affects the proceedings of the case. Basically, we are trying to apply the same standards to sexual offenses as applied to other offenses. Mr. Deputy Speaker, Sir, Clauses 37 and 38 talk about some of the requirements around evidence, including the requirement for corroboration. Once again, we are just trying to standardise the law. Currently, the law provides that children are not required to provide for corroboration and we want that to apply that to all victims. Clause 39 is intended to provide protection against humiliation of the complainant or the victim by stating that any evidence of any previous sexual experience or conduct of that person should not be brought into a court of law unless it directly relates to the complaints before the court. Mr. Deputy Speaker, Sir, Clause 40 talks about the provision of medical treatment ordered both for offenders and victims. All the costs of this treatment will be borne by the State through public hospitals. I can see the Minister for Health is here. I hope that in her contribution, she will tell us how we should, as Parliament, help her so that this treatment can be done at a professional level in all hospitals."
}