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"id": 708169,
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"type": "speech",
"speaker_name": "Hon. Sakaja",
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"speaker": {
"id": 13131,
"legal_name": "Johnson Arthur Sakaja",
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"content": "put a stop to this. I was giving an example the other day of what cattle rustling is. If your car is forcibly taken away from you by thugs at gun point and then they kill you, would we call it vehicle rustling? That is not vehicle rustling. It is murder. It is theft. That is how we must look at this issue of cattle rustling. Clause 2 seeks to amend Section 4 of the Penal Code Cap. 63 to insert the definitions of “livestock” and “livestock produce” in a much more exhaustive manner than what was described before. The time that these provisions were put in, we did not have the kind of livestock that we are dealing with today. Clause 3 amends the Penal Code Cap. 63 to repeal the current Section 278 and replace it with the new Clause to provide for the offence of cattle rustling and a more stringent penalty. We are saying that the offence is punishable with imprisonment for a term of not less than 15 years. The current provision is imprisonment for a term not exceeding 14 years. What we have seen in practice has been--- Many women, children and young men have been killed and houses torched, but all that the law enforcement officers say is: “Let the wazees and courts speak”. We let them sit round a table and exchange livestock when people have been killed! We are saying that the minimum sentence for stock theft will be 15 years. We are also saying that the National Police Service (NPS) should play a crucial part in peace and security. This clause will ensure that the police are not negligent in their work. If this amendment goes through, a police officer who, being aware of an offence of cattle rustling taking place, fails to take steps to prevent that cattle rustling from taking place or fails to investigate the crime, he or she also commits an offence and will also be liable to conviction. This is because as we went through these areas, we had cases of complicity of a lot of police officers in these issues. A lot of those officers, some are even just constables, not very senior, we hear them owning so many head of cattle in areas where they are not from. A villager will tell you that they have quite a number of cattle, but in truth they are keeping those head of cattle as barter from the rustlers. Clause 4 amends the Penal Code to introduce two new sections, 278A and 278B. This is to provide for the offence of theft of livestock produce and handling of stolen livestock or livestock produce. Beyond the livestock, there is the produce. I have already given an example. A lot of these cows, goats and camels are slaughtered on site. So, we must also put an offence of handling the stolen animals and also the theft of the produce. Clause 5 and 6 effect a consequential amendment to the Animal Diseases Act, Cap 364 to require the issuance of a permit for the movement of cattle from one county to another. When these cows are stolen, they move through counties. There is a time when there used to be permits that you had to move around with in the form of a book. It had to be signed when you moved through every county. This permit that we are proposing in the Bill must state: (i) The conditions of movement; (ii) the number and description of the animals to be moved; (iii)the route by which the animals are to travel; (iv) the period for which the permit applies; (v) the place to which the animals may be moved; the method by which the animals may be moved; and such other particulars as may be prescribed by the Director of Veterinary Services. I must take this opportunity to thank the director of Veterinary Services who was instrumental in this process with our Committee. He even took us through some of the technology being used in countries in the southern part of Africa where they are making a lot of money through legitimate dealing in livestock. I am glad to see Hon. Moroto. I know he has 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."
}