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{
    "id": 447732,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/447732/?format=api",
    "text_counter": 59,
    "type": "speech",
    "speaker_name": "Sen. Kembi-Gitura",
    "speaker_title": "",
    "speaker": {
        "id": 242,
        "legal_name": "James Kembi Gitura",
        "slug": "kembi-gitura"
    },
    "content": "Mr. Speaker, Sir, with all due respect, I want to submit that Sen. Karaba, the Chairperson of this Committee does not understand this issue because he must distinguish between a disciplinary action by the TSC and the regime of criminal law. I want to go on record as saying that I cannot possibly support a teacher who has carnal knowledge of a pupil. My conscience cannot allow it. But I am also a lawyer. There must be due process. If the teacher was found not guilty and Sen. Karaba needs to understand that he was charged and prosecuted, he did not take himself to court. He did not go to court on an appeal. He went there because he was charged with having carnal knowledge of that Standard Five pupil. It was not for me to say whether defilement or rape should have been the proper charge. My question is: Does a decision of the TSC have precedence or over ride a decision of a court of law duly constituted under the Constitution? If the court of law found this teacher not guilty, whether for defilement, carnal knowledge or whatever other reason, does the TSC decision take precedence over a court of law’s decision? The court said he was not guilty of the offences charged; rape, procuring an abortion and everything else. That is the question that the TSC must answer because this child has rights and so does the teacher. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}