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    "id": 439773,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/439773/?format=api",
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    "content": "Hon. Deputy Speaker, I think Section 4 of the Bill is fundamentally important. It does set out the fundamental principles that various bodies dealing with the victims ought to feel and I think part (c) speaks very well about the dignity of victims. That it shall be preserved at all the stages of the trial. I speak with consideration and in mind people who, perhaps, would be rape victims and people who have been victims of other inhuman sexual acts. Sometimes, if you see the way the victims are treated, you will really think that it was their fault or that the fellows were either raped or subjected to whatever that befell them and I really think that there is, therefore, need to emphasise that the dignity and all that happens to them from pre-trial to post-trial phase should actually be taken into consideration. I really think Article 4 is speaking to victims being treated in the manner that takes care of their cultural values, interests and beliefs. It is something that is worth noting because then, of course, you have people of the Muslim faith, the Akorinos and other people who have different cultural attributes that would want to be treated differently, and that their cultural and religious faiths are taken into consideration. The Constitution, of course, in Article 50 speaks very well to the right to a counsel, fair trial and being informed sufficiently of the case that is before you. But, again, the victims also ought to be having the right to legal and social services of their own choice, things that they like and the manner that they like them. Hon. Deputy Speaker, the Bill sufficiently provides for mandatory information being given to the victims. Of course, the right to information is a constitutional principle under Article 35. But I really think that, that has an effect in terms of giving the information and it ought to be emphasised especially when you are dealing with victims of crime. I really think that Section 11 of this particular Bill, hon. Millie, it has sufficiently dealt with it well. Section 15 of the Bill provides for the protection of the victims fund. Half of the time, victims also need to be facilitated and I really like the fact that she drew a correlation between the witness protection and also the victim’s protection. It does not make so much economic or justice sense to have witnesses facilitated and yet, you cannot have victims being facilitated. I really think that there is, therefore, a need to have a victim’s fund that will be helping the victims themselves either to attend court or facilitate them in terms of their welfare issues so that they are able to listen to and walk through the justice process sufficiently. Hon. Deputy Speaker, there is created in this particular Bill the Victim Protection Board and I really think that it has very interesting functions. Section 20 speaks to the functions of the Board being to advise the Cabinet Secretary (CS) or inter-agencies on activities aimed at protecting victims of crime and implementing the rehabilitation programmes of the victims of crime. I really think a board of this nature would be useful in terms of supporting the work of the CS in terms of helping in the justice system in line with Article 59 of the Constitution. Hon. Deputy Speaker, Section 22 of the Bill speaks to monitoring of the victims protection programme. Kenya is very good with making very interesting and robust laws. But if at all there is no monitoring and follow up mechanisms, half the Bills that we bring into place do not really see the light of the day. I am really happy with Section 22 which provides for a monitoring mechanism to ensure that the victims of crime are sufficiently The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}