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{
    "id": 460134,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/460134/?format=api",
    "text_counter": 283,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "That in itself is obstruction of justice. It is almost impossible for a rapist to be convicted because of the standard of proof that is required in our criminal justice system. The preservation of evidence and exhibits like the undergarments hardly happens. Victims will ran and hide the filth forgetting that they are destroying evidence. As the Members debate this Motion, they should emphasize that the Chief Jusitce should make regulations, not necessarily to remove the discretion of magistrates in passing sentences, but to emphasize that we should get the maximum sentence that is available in the Sexual Offences Act, which is life imprisonment. Sometimes, you find a fellow who has sodomised a young boy, defiled or attempted to defile or rape a young girl getting sentences like three years. Sometimes they even get fines against the clear provisions of the Sexual Offences Act. So, the Chief Justice should develop some regulations where sex offenders get the maximum sentence that is available. If we do not do this, then it is an indication that we will end up defiling our Constitution. Chapter Four on the Bill of Rights in our Constitution, particularly Article 27, talks about equality and freedom from discrimination. The way we handle sex offences is a clear discrimination against our daughters and mothers. Article 28 talks about the inherent dignity and right to have that dignity respected and protected. So, these are provisions of our Constitution under Chapter Four on the Bill of Rights. Article 48 talks about access to justice. So, if we have to rein in these paedophiles and rapists, we must then follow the provisions of the law. We must be serious to enforce the provisions of the Sexual Offences Act. We must think outside the box. We must look at the modus operanda within our police stations. There was an attempt to introduce customer service desks in our police stations, so that rape victims or sexual offences victims could report discrectly, but this hardly happens because of either lack of resources or lack of commitment and goodwill. I sincerely second this Motion. I wish to thank hon. Fatuma for bringing forth the Motion. I want to urge the Members that this Motion does not just stop here. It is a national disaster and we can all see it. The reported cases are the few cases that we see in our media. The media should also be very sensitive when reporting sexual offences because sometimes they expose children and women victims to a lot of ridicule. So, I urge the Members to support this Motion and urge the Government to put some political goodwill and administrative effort in our police stations. I also urge the NGOs, which purport or allege to protect children, but do not do good enough, to emphasize and come out and clearly carry out their mandate and protect our grandmothers, mothers and daughters. I second the Motion."
}