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{
"id": 707823,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/707823/?format=api",
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"type": "speech",
"speaker_name": "Hon. Nassir",
"speaker_title": "",
"speaker": {
"id": 2433,
"legal_name": "Abdulswamad Sheriff Nassir",
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"content": "Thank you, Hon. Temporary Deputy Speaker. I wish to second this amendment of the Bill. Even though I am not a member of this Committee, I have gone through it. As Hon. Sakaja rightfully put it, emphasis is on Clause 278(1) where it says: “Any person who has stock in his possession which may reasonably be suspected of being stolen or unlawfully obtained shall, if he fails to prove to the satisfaction of the court that he came by the stock lawfully, be guilty of an offence and is liable on conviction to the penalties prescribed for theft.” He will be liable, on conviction, to imprisonment for a term of not less than 15 years. That is excellent. However, I will indulge my colleagues to relook at 278(2)(b) where it says: “If a police officer who, being aware that an offence of cattle rustling intends to be, in the process of being or has been committed, fails to take necessary steps...” That offence is only liable for a conviction to imprisonment for a term of not less than 10 years whereby if a person steals –a thief is a thief – he is given a minimum of 15 years sentence but, if a person aids, especially that person being a police officer, he is only being given 10 years. So, I would look at it to be reversed that if a police officer is aiding in such a crime, it becomes a problem. Secondly, 8(a) says that a person shall not move cattle from one county to another except in accordance with a permit. I would like it to be amended to read “a person shall not move cattle or livestock...” The definition of “cattle” has been very clear but the definition of “livestock” is different. It should include that “...move cattle or livestock”. Where I come from in Mombasa, we have a lot of stray cattle. By definition, “cattle” include cows, swine, sheep, goats, captive or wild animals. The definition of “livestock” is “the male or female or young one of a horse, mare, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe” whether goat or pig. On a light note, when I was still studying and hoping to become a Member of Parliament there is a lesson that I learnt. Hon. Sakaja and I went to very good schools. We went to Lenana School. One of the things that we learnt is that during the colonial times, the City Council of Nairobi had passed an Act which outlawed the rearing of chicken in residential areas. When that was passed, people started bringing in cows and goats into residential areas. So, the definition of “chicken” had to be changed to mean and include goats, cows and other like animals. So, this is an excellent Bill. I would like to congratulate the Committee led by Hon. Sakaja. There are those few amendments I have cited and I hope that the Committee will look into them. Some of them have typographical errors that need to be looked at so that we do not have issues of law being read badly. I still insist that a police officer who aids and abets cattle rustling should be subjected to more punitive measures than the person who is stealing the cattle. There is also the definition of the words “cattle and livestock”. The Bill also talks of one getting a special permit to transfer cattle from one county to another. A person who fails to comply with the conditions stipulated The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}