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"id": 718179,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/718179/?format=api",
"text_counter": 123,
"type": "speech",
"speaker_name": "Hon. (Ms.) F.M. Mutua",
"speaker_title": "",
"speaker": {
"id": 539,
"legal_name": "Florence Mwikali Mutua",
"slug": "florence-mwikali-mutua"
},
"content": "Clause 4 of the Bill seeks to amend Section 30 of the Act to enhance the applicable penalty for contravening the section from Kshs50, 000 to Kshs500, 000. Section 30 of the principal Act requires a person who has been convicted of a sexual offence to disclose such conviction when applying for employment which places him or her in a position of authority or care of children or any other vulnerable persons. The safety and security of our children is paramount, and enhancement is sure to act as a deterrent to persons who intend to contravene the section. We have heard of cases where people rape disabled people. Clause 5 of the Bill seeks to introduce a new Section 30A to require an employer to confirm that a person seeking employment to a position of care or access to children or any other vulnerable persons has not been charged or convicted of a sexual offence under this Act. Under the new section, an employer who knowingly employs a convicted sexual offender in a position of care or access to children or any other vulnerable persons commits an offence, and is liable upon conviction to imprisonment for a term not exceeding three years or to a fine not exceeding Kshs1 million, or to both. The safety of our children and other vulnerable persons is a legitimate interest that may override individual liberties of convicted sexual offenders and persons who seek to employ them. The proposed amendment seeks to ensure that an institution of care or learning is vigilant in the vetting of the persons it employs or places in a position of authority over children and other vulnerable persons."
}