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{
    "id": 585850,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/585850/?format=api",
    "text_counter": 345,
    "type": "speech",
    "speaker_name": "Hon. Nooru",
    "speaker_title": "",
    "speaker": {
        "id": 2238,
        "legal_name": "Adan Mohamed Nooru",
        "slug": "adan-mohamed-nooru"
    },
    "content": "(c) deleting sub-clause (4) and substituting therefor the following new sub- clause− “(4) A person who contravenes sub-section (1), (2) or (3) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year or to both, and in addition that person shall fully compensate the owner of the fishing gear for any damage or injury caused under civil law as a consequence of the action unless there is sufficient proof that the damage, destruction, interference or endangerment took place in an area where the person or vessel that caused such consequences were legally entitled to be at that time and it was not reasonably possible to detect the fishing gear or vessel and any relevant fishing gear was not marked in accordance with the requirements pursuant to this Act.”; (d) by inserting the following new clause immediately after sub-clause (4)− “(4A) Where life is lost as a consequence of any negligent or wilful action under sub-section(1), the responsible person shall be liable on conviction to a fine not exceeding one million shillings or imprisonment for a term not exceeding ten years or to both, and in addition that person shall fully compensate the estate of the deceased under civil law.”; (e) in sub-clause (5) by deleting the words “as soon as possible and in any case within a reasonable time after the damage, destruction, interference or endangerment took place, and shall produce all available evidence” and substituting therefor the words “within a period of three years”. The purpose of this amendment is just to state that the law which has created a criminal liability must be clear. In the original Bill, it was not clear. We are just trying to state the penalties clearly and also enhance the sentences for loss of life occasioned by the negligence of the marines or fishermen."
}