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{
    "id": 324128,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/324128/?format=api",
    "text_counter": 414,
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    "content": "say that some commentators have asked questions as to why the country should worry about terrorism. But owing to the past incidences and the current threats, it is clear that terrorists target innocent and unarmed citizens. Again, the neighbouring countries have come up with measures to combat terrorism and, as we move towards the integration of East Africa, it is important that we have legal measures to combat terrorism to avoid being a weakling in dealing with terrorism. We appreciate that the chain is as strong as the weakest link and we should not be found wanting. Mr. Speaker, Sir, terrorism financing is closely associated with money laundering which has since been criminalized by the Proceeds of Crime and Anti-Money Laundering Act of 2009. However, terrorism financing differs from money laundering in that in money laundering, the proceeds to be laundered always emanate from a criminal activity whereas money used to finance terrorism would either be from legitimate or illegitimate source. As has been done by the Mover of this Bill, I would also wish to highlight some aspects of the Bill. First of all, in the preliminary, the Bill has now changed the title as opposed to the earlier one of 2003 which was contentious and it read “Suppression of Terrorism Bill”. We have an improved version which is largely acceptable by all and it reads: “The Prevention of Terrorism Act”. Mr. Speaker, Sir, Part II of the Bill has what is called specified entities. This part provides the procedure for designating an entity and the procedure for appealing against/or revoking the designation. The part has administrative and judicial mechanisms to ensure that the powers to designate an entity are not exercised in a capricious manner and are subject to judicial oversight. This was one of the areas which had to be improved since there were fears that the powers that do designate an entity can be abused for political or business interests. It should be appreciated that we currently have an advanced judicial system which will not shy away from addressing legitimate concerns that may be raised regarding designation. Further, the designations will be reviewed administratively every twelve months. Mr. Speaker, Sir, Part III of the Bill talks about the offences. This part deals with a number of offences related to recruitment, training and preparing for terrorist attacks. It should be noted that under this Bill, we propose to have life imprisonment for persons who carry out terrorist acts that result into deaths of other persons as opposed to the death sentence that is provided for in the Penal Code. The reason for that is that terrorists are often ready to die and imposing a death sentence could unnecessarily grant them the status of a hero. Further, there may be challenges in extraditing suspects to stand trial in Kenya in the event that the suspects are liable to death sentences. Most culprits have a bar to extraditing suspects to countries that met out death penalties. Mr. Speaker, Sir, the Offences Act requires a person to have positive knowledge on the support or facilitation of offences under the Act as opposed to inferred knowledge. The offences covered include collection of funds, arrangement for retention or control of terrorist property, soliciting and giving support to terrorist groups or for the commission of terrorist acts, harbouring persons committing terrorist acts, provision of weapons to terrorist groups, recruitment of members to terrorist groups, training and directing terrorist groups and persons. To be able to ensure that witnesses are available to testify, the Bill creates offences of obstruction to justice and officers who conduct investigations are also criminalized and also criminalizes retaliation and intimidation of witnesses."
}