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{
"id": 301650,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/301650/?format=api",
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"type": "speech",
"speaker_name": "Mrs. Odhiambo-Mabona",
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"speaker": {
"id": 376,
"legal_name": "Millie Grace Akoth Odhiambo Mabona",
"slug": "millie-odhiambo-mabona"
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"content": "Again, I want to just comment the hon. Member on the definition of internet agreement, especially in relation to contract law. When you are talking about internet based agreements, you will want them to be binding. We need to provide a slightly higher standard of proof in relation to those internet agreements. I want to laud him where he provided for services to include health, sickness, diet or matters of a similar nature, modeling and talent, including photo shoot. The reason is that if there is one sector that is really exploited is our young girls who get into modeling and beauty pageants. We have noted that most of them are forced to get into sex slavery in order for them to get into those kinds of situations. Therefore, I am glad that you are also bringing this within the ambit of the law, including martial arts, sports and dance. Indeed, I think about two years ago somebody raised an issue of persons with disabilities who are also subjected to sexual harassment in sports. Therefore, I am very happy that you are covering the category of persons who are vulnerable in the provision of goods and services. Mr. Temporary Deputy Speaker, Sir, I would request the hon. Member to look at the definition of personal information; provision of personal information means information other than credit information about a consumer’s character, reputation and health. The reason I am saying this is that at times when we intend to protect people we may harm, though not intentionally, other categories of persons like persons living with HIV and AIDS, who may not want their health status to be made public. It may be unconstitutional when you are dealing with the issue of privacy. Therefore, if we want to qualify it, look at the constitutional standards providing for the right to privacy. The other issue I would want to talk on is the issue of implied agreement. I am glad you have mentioned it because I was actually going to tell you that you need to provide very specifically for implied agreement. This is because implied agreement will cover the category of persons that I am talking about as users. A user will be presumed to have an implied agreement that certain standards and certain services will be provided for them as users and not as persons who have entered into contracts and agreements with these people. In conclusion, I am very happy that you have provided for the issue of unfair practices and misrepresentation. I think virtually everyone of us here can give examples of instances when we have been conned out of services even by very good companies. Personally, when I was going for my honeymoon we contracted Kenya Airways to do the work for us. We went outside the country, reached our hotel which they had forgotten to confirm; we went outside to another country in the middle of the night, at 1.00 a.m. There was no hotel booking, and we were forced to sleep outside on my honeymoon day. So, there was no honeymoon. Let us start from there. We could not invite others to--- You know what I am talking about. Mr. Temporary Deputy Speaker, Sir, even though Ekwee is telling me to tell them, I am not telling them. I would like to say that even though they are raising their points of order from where they are sitting for further clarifications, I will not give them further clarifications. Kenya Airways was very lucky because I got too busy. At that time I was too busy as an Executive Director, but I wanted to sue them. I was forced by the hotel, which was kind enough, to be in another hotel that picked us up for three days. They would pick us up, bring us to this hotel, but we stayed outside because the hotel was fully booked. We were only able to access the hotel after two or three days. Again, the other day I contracted Safaricom for internet services. I loaded Kshs1,000 into my phone, but the money was all used before I even opened the phone. When we called customer service they told us, “You must have used it”. They were very insistent that I must have used Kshs1,000, when I had not even tried to use the internet. They get away with that. I was just telling myself if 1,000 of us load Kshs1,000 and it goes the way it went for me, and because I am busy I say, “To hell” and my Kshs1,000 goes because I have left it to Safaricom Limited---. Mr. Temporary Deputy Speaker, Sir, I know Safaricom is doing a lot of good work on corporate social responsibility and all that. So I am not really targeting them. Indeed, they have supported many children but I am just giving this as an example that sometimes because we let people get off very lightly with poor services, that is why I want to thank Mr. Midiwo that because we do not have a very litigious nation, the law must then force these suppliers to provide adequate and proper services to consumers."
}