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"id": 252040,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/252040/?format=api",
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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 41 provides for evidence of a medical or forensic nature. This provision brings us up to date with the rest of the world where we are able to introduce formally the issue of DNA in sampling DNA from suspects. Science has shown that DNA is a much better piece of evidence than even fingerprints. In sexual offenses, DNA is very important evidence. That is why it has been introduced here. Mr. Deputy Speaker, Sir, Clause 42 introduces an offenses where one tampers with the scene of crime, interferes or intimidates witnesses or obstructs investigations in any way. As we think about making amendments, it is true that some Members have raised the issue of malicious prosecution and we may want to think about amending this clause to take care of that concern. Clause 43 talks about dangerous sexual offenders and explains how a court can declare a person a dangerous sexual offender. This would be a person who is a repeat offender; a person who has been convicted of a sexual offence accompanied with some other offence or one who has been convicted of a sexual offence against a child. This clause intends to provide a register of dangerous sexual offenders which will be kept at the High Court so that we are able to locate them and so that communities are able to protect their children against such persons. Mr. Deputy Speaker, Sir, Clause 44 introduces a rule where it will be the Attorney-General who will decide whether the police investigations should be discontinued or not. Currently, sexual offences cases may be discontinued by the police. We would like to raise the standards and say that rape and sexual offences should be treated like murder, manslaughter and robbery with violence cases, all of which are discontinued only by the Attorney-General. Mr. Deputy Speaker, Sir, Clauses 46, 47, 48 and 49 are all about consent. The reason that they are such lengthy and detailed clauses, is because they are the basis of this Bill. These offences become offences where there is no consent. Therefore, it is very important to define precisely what consent is. I would encourage hon. Members to have a good look at the framing and definitions of consent, so that we can agree that we are satisfied or we may want to add to or amend the Bill. But I think that this is the body of the Bill in terms of determining what consent is. I am hoping that my Seconder, and the Attorney-General, who will be responding to the Bill, will be able to delve a little bit more into the issues of consent. Mr. Deputy Speaker, Sir, the Bill concludes with a national policy framework. There is no point of us passing this Bill if we cannot make this law work. This law can only work if we have a proper policy framework which the Attorney-General will be setting up. It will be reviewed every five years. But the Attorney-General will be consulting with an inter-sectoral number of Ministries. It is clear that sexual offences touch on many things. Therefore, under Section 51, the proposal is that the Attorney-General will be making regulations to implement this Bill together with the Minister in charge of internal security, the Minister in charge of prisons, the Minister in charge of social services, the Minister in charge of education and the Minister in charge of health. I would appeal and hope that these particular Ministers, as they contribute to this debate on the Bill, will be able to assure the House of a time frame and their commitment in terms of their own Ministries working together to implement this Bill. Mr. Deputy Speaker, Sir, the Bill ends at Clause 53. There is then the First Schedule; on transitional provisions. The Second Schedule is on the consequential amendments and repeal. Then there is the Memorandum of Objects and Reasons, which is signed by myself. Finally, there is an annexture to the Bill, which is required, under Standing Order No.96, for any laws that are to be amended to be listed. They are here as an annexture together with the texts that were distributed to hon. Members this afternoon. Mr. Deputy Speaker, Sir, this Bill was first published in August, 2005. After its First Reading it was committed to the Departmental Committee on the Administration of Justice and April 26, 2006 PARLIAMENTARY DEBATES 743 Legal Affairs. It was to come back for the Second Reading in October, 2005, but this did not materialise because we went home for the Referendum. When the President prorogued Parliament in December, all the Bills that were before the House lapsed. Therefore, the Bill was republished in January, 2006. I am very grateful to the Departmental Committee on Administration of Justice and Legal Affairs, for engaging me as the Mover of the Bill. We started informally going through the Bill. It was clear from the discussions among the Committee Members and other hon. Members that many amendments needed to be made. Therefore, in March, I wrote to Mr. Speaker and withdrew the Bill. I then republished it with the amendments. Mr. Deputy Speaker, Sir, on Monday this week, the Committee on Administration of Justice and Legal Affairs held a meeting for all hon. Members to go through the Bill as now republished and find out what their concerns are. I wish to appeal to all hon. Members to continue consulting with the Departmental Committee, so that all the amendments can be put together in a comprehensive manner before we reach the Committee of the Whole House Stage. I would like to share with the hon. Members that already I am aware that the Committee is making amendments with regard to the issue of bail. This is because the provision which is currently in the Bill with regard to defilement is unconstitutional. We, therefore, cannot deny bail to perpetrators of the crime of defilement until we change the Constitution. Another amendment which is definitely going to come, and has been considered by the Committee, is the inclusion of indecent assault for adults and the issue of compensation. Mr. Deputy Speaker, Sir, since I have the right of reply at the end of this debate, I do not want to go any further. I would like to now hand over to the Seconder of the Bill. Many hon. Members have asked me why, as a Government Backbencher, I have asked a Member of the Opposition to Second this Bill. First, it is a sign of healing in this House. I think from the time of the Referendum we have not really come together. So, I think that this is an opportunity for us to show the country that we can join hands on a solid national problem. Secondly, it is the Attorney-General who will be charged with the responsibility of implementing this Bill, if it is translated into law. Therefore, it is only right that the Shadow Attorney-General in the Opposition be allowed to have his say. We, as Backbenchers, hold both of them accountable for the implementation and success of this law. My Seconder is also a Member of the Opposition, who truly has had first-hand experience in dealing with clients who have been victims of sexual violence. He was also my teacher. It, therefore, gives me great pleasure to show how a student and a teacher can work as a team. So, as I end my introductory remarks on the Sexual Offences Bill, I beg to move and ask my Seconder, Mr. M. Kilonzo, to speak."
}