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{
    "id": 487453,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/487453/?format=api",
    "text_counter": 223,
    "type": "speech",
    "speaker_name": "Hon. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "So, therefore, the one I am asking this House to consider is parts (b) and (c). For, part (b) I am asking this Committee to consider because the greatest injustice that we see in our criminal justice system is where the prosecutor acts in cahoots with the suspect and withholds or hides some evidence. That is because you, as a victim, do not have recourse to introduce that additional evidence. Let us say for instance, it is a knife that was used to injure a victim. I have seen instances where those knives are thrown away or even in cases of defilement, the police fail to probably bring evidence relating to defilement and you see that case being thrown out. So, therefore, we need to create a legal provision which enables the victims to probably bring in that additional evidence. But, the questions there should be: What if the victim probably brings wrong evidence? This Committee should not worry about that because the court has a mechanism of ensuring that the evidence that is being tabled there is correct. No wonder, I am saying that right is subject to the provisions of Evidence Act; to ensure the evidence is only admissible in law. In part (c), it is about submissions. In court proceedings, ideally, submission is not something that is binding per se. Submission is an issue of just giving your own position or the interpretation of the law and the facts, which have been adduced by the court. In fact, anyone ideally can submit. It does not necessarily have to be the parties in any case. It is just helping the court to understand the legal procedures or positions regarding the matters before the court. So, therefore, there is no prejudice that is going to be occasioned on the accused person in the event a victim is given the right to give submissions. Thank you, hon. Chairlady."
}