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"content": "offenders. Currently, terrorism is not mentioned in any of our legislation and the Prevention of Tourism Bill, 2012, is an effort to criminalize all stages of terrorism and terrorism financing. Mr. Deputy Speaker, Sir, you will also realize that whenever we get these guys, the only offence we charge them with is being in the country illegally because we have no specific terrorism Act to deal with it. So, we only charge them with being in Kenya illegally and then they are escorted out of the country. Mr. Deputy Speaker, Sir, this is the second time that legislation that seeks to outlaw terrorism and terrorism financing is being brought before this august House. In 2003, the Suppression of Terrorism Bill, 2003, was published and tabled before Parliament. However, the 2003 Bill attracted widespread condemnation from civil and religious organizations which saw it as draconian and unconstitutional. The Government initiated consultations with various stakeholders to address concerns that had been raised regarding the Suppression of Terrorism Bill, 2003. The Prevention of Terrorism Bill, 2012 is, therefore, a product of very wide consultations and it has addressed all the concerns that had been raised by stakeholders. It has addressed the concerns from the civil society, religious society and any faith-based organization. Therefore, I assure this House that this is a good Bill; it balances privacy, fundamental human rights against the need to combat terrorism. Mr. Deputy Speaker, Sir, the title of the Bill has also been changed from “Suppression of Terrorism” to “Prevention of Terrorism”. Again, we want to emphasize about prevention of terrorism. Also, the definition of “terrorism” has been reviewed to exclude “acts committed in pursuance of protests”. So, protests are not covered under this Bill, demonstrations are not covered under this Bill, stoppage of work is not covered under this Bill and clauses on religious profiling have also been deleted. This is a good Bill. The provisions relating to arrests, detention and prosecution of suspects have been reviewed to be in conformity with the Bill of Rights as stated in the new Constitution. Therefore, I am confirming that the provisions in this Bill are constitutional. Of importance to note is that in all offences, positive knowledge of the support or facilitation of offences under this Bill, as opposed to inferred knowledge, is a mandatory ingredient and the burden of proof is on the prosecution. The Bill has also built administrative and judicial mechanisms to ensure that they enhance investigative powers of the police, and the power to designate an entity as a specified entity are not exercised in a capricious and oppressive manner. The power of seizure and confiscation of suspect’s property are also subject to the due process as actions and enforcement agencies must be supported by judicial orders. No arrests at night. The Bill provides recourse for innocent people who may be affected by the provisions of this Act such as seizure of property and declarations as specified by an entity or terrorist organization. In other words, there are enough safe guards to protect those who are innocent. As opposed to the case in most legislation where emphasis is on the criminal, this Bill makes a deliberate effort towards addressing the plight of victims of terrorism by creating a Victims Compensation Fund. We did not have this fund before. If we had this fund, the Kenyans who suffered in the American Embassy bomb-blast"
}