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"speaker_name": "Sen. Wako",
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"speaker": {
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"legal_name": "Amos Sitswila Wako",
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"content": "Thank you, Mr. Speaker, Sir, for giving me this opportunity. I am pleased to report to the House that although this Bill was referred to our Committee yesterday afternoon, we were able to meet and discuss it. The Committee was able to conduct a public hearing. As you know, the law requires public participation. Although there had been public participation at the hearings of the Joint Committee, we felt that it was also necessary for us to conduct that public participation because we were now discussing a Bill and not a Motion. I will not go into the details of the offences that have been outlined in this Bill because, to me, the Senate Majority Leader and the Senate Minority Leader have adequately addressed the details. In brevity of time, I will not do that, except just to point out that the Bill consolidates the election offences into one Act. I have carefully read both the existing election offences and the proposed election offences. I can confirm to this House that in consolidating, most offences and penalties prescribed remain the same. It was merely an issue of consolidation. There are just a few cases where the Committee recommended and increased penalty. One of these areas was Clause 3 which relates to offences of the register of voters where the existing penalty is a fine not exceeding Kshs100,000 or imprisonment not exceeding one year or both. That has been increased and rightly so, from Kshs100,000 to Kshs2 million. It says a fine not exceeding Kshs2 million and imprisonment not exceeding six years, or both. The other area where they have increased the penalty are the offences relating to multiple registration as a voter. Whereas currently the penalty is Kshs100,000 or imprisonment not exceeding one year or both, that has been increased to Kshs1 million. The most critical area and this is because our elections have sometimes been marred by violence and so on, is increase in the penalties relating to the use of force or violence during the election period. Under the existing legislation, the penalty is Kshs1million or five years or both, it has now been increased to a fine not exceeding Kshs2 million or imprisonment not exceeding six years or both. There are one or two areas which I did not quite understand. This is where the penalties have been decreased. They must be having a good reason for it so I will not belabour that. Instead, I would want to go by the collective wisdom of the Committee in reducing penalties in that area. Amongst the new offences is in Clause 16. That is a new one. The other two new ones which I really appreciate because we had a lacuna there are offences relating to the use of technology in elections. These are new offences which are fairly comprehensive. If one is caught in any one of the items there, they can be fined an amount not exceeding Kshs10 million or be imprisoned for a period not exceeding 10 years, or both. Many of the things are done through technology and the Chairperson of the Standing Committee on Information, Communication and Technology knows that. Most of the offences in Uganda’s elections were on technology. Hi-tech offences are what we are now talking to. Mr. Temporary Speaker, Sir, this morning I was listening to a person who got a Doctorate in a cyber-related field. I was amazed by what can be done to hack personal information through 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."
}