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{
    "id": 487524,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/487524/?format=api",
    "text_counter": 294,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "(b) is not, for any purpose, to be taken to be part of a sentence passed against the person and; (c) is not a bar to civil proceedings. Hon. Temporary Deputy Chairman, for clarity, we are not seeking the deletion of Clause 13. It remains. But immediately after Clause 13, we are proposing to provide for the right to compensation. As you know, many a times, victims have not been compensated in criminal proceedings. In this case, we are proposing that the courts can make awards in criminal proceedings and those awards be converted into judgments as if they were from a civil court and they are recoverable in accordance with the Civil Procedure Code. Therefore, that is the tenure of that particular amendment. With regard to Clause 13B, it deals with award of compensation. As you know, this particular legislation seeks to set up a victim’s trust fund. In the unlikely event that the victim is unable to obtain any compensation from the offender, the court has recourse to award such victim costs or compensation that is recoverable from that particular fund and it will be charged there. That is the proposed amendment. With regard to Clause 13C, we are proposing that this be included also. It deals with compensation and institution orders as may be awarded by the courts and provided by the procedure. One of the things that we are saying is that, any compensation that the courts may give in criminal proceedings shall not bar the victim from commencing civil proceeding in another court. This would be in addition to any rights that the victim is entitled to in law."
}