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{
    "id": 387504,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/387504/?format=api",
    "text_counter": 517,
    "type": "speech",
    "speaker_name": "Hon. Kajwang",
    "speaker_title": "",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": "Thank you, hon. Temporary Deputy Chairlady. The amendments sought by my learned friend, hon. Nyokabi, are sound; the only thing is that because they are punitive in nature, there is need for further clarity. For example, what is “staff”? The word “staff” should have been defined either in the interpretation section, or you could still define it within the meaning of this section. If you do not get it clear, its ambiguity may bring a problem in criminal proceedings. Two, the Commissioner should also be part of the staff. If I am counsel representing the Commissioner, I can really find a way of exculpating the Commissioner from being staff under this provision. Secondly, the provision under Clause 59E, on general penalty--- In normal penal systems, the general penalty would be a little less than the specific penalty. You have the penalty on 59B, a fine not exceeding Kshs1 million or imprisonment for a term not exceeding three years; one would have expected that the general penalty would be less. While I want to support my friend, hon. Nyokabi, the Kshs1 million or three years imprisonment looks to be a deterrent measure. That should be a general penalty; I am suggesting to my learned friend to increase the specific penalty on Clause59B to be something a little more than the general penalty that she is proposing, otherwise it should not be the same thing. In fact, then there should be no need for Clause 59E as such. Hon. Temporary Deputy Chairlady, I do not know if at this stage it would be possible to propose an amendment to an amendment so as to define the word “staff.” If that is possible, I am sure hon. Nyokabi, though I do not see her, can quickly coin something to define “staff” and make it clearer."
}