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{
    "id": 718739,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/718739/?format=api",
    "text_counter": 100,
    "type": "speech",
    "speaker_name": "Hon. Maanzo",
    "speaker_title": "",
    "speaker": {
        "id": 2197,
        "legal_name": "Daniel Kitonga Maanzo",
        "slug": "daniel-kitonga-maanzo"
    },
    "content": "Just like it has been said by Hon. Nyokabi, the Vice-Chairlady of the Departmental Committee on Justice and Legal Affairs, there is no way it is possible to change this age because we are going to put to risk many children in high schools. It will mean young girls in Form Two could get misused sexually and there is no legal remedy and so, this is extremely dangerous. In fact, it will be my proposal at the Third Reading that it is removed and consolidated with Hon. Mutua’s amendments, some of which are extreme. We should relook at the Sexual Offences Act together and make sure that we do not endanger any Kenyan just to serve selfish interests of someone’s son; somebody influential and whose child may be facing a life jail term and wants to use the law before their case is over. Someone will then say that now that the law has changed, they can be left off the hook. I do not think there is an excuse, at all, for anybody who seeks to mistreat children who would be in high school. It is really extreme. On the issue of the Advocates Act, it is proper because there are many people who are not proper lawyers and who practise illegally. On the issue of the Judicature Act, the retirement age of judges is now clear from the court of law, by judgements and pronouncements of the Supreme Court and the High Court. Therefore, it is proper. The amendments on who would be in charge in the event the Chief Justice and the Deputy Chief Justice are not around for some reason, it says that the senior most judge will take over and act as a Chief Justice. The role of a Chief Justice in the judicial system is very important. They allocate cases. So, if in the event you do not have a Chief Justice and a Deputy Chief Justice, it is proper to bring in the senior most judge in the Supreme Court. In legal practise, seniority is very important. There is no way I will overtake Sen. Kiraitu Murungi, Sen. Orengo or any other lawyer who is my senior. That seniority is perfectly within the practise and culture of advocates and the legal profession. It is quite in order. If you look at most other publications, they are quite within the limits of what we can put in the Statute Law (Miscellaneous Amendments) Bill other than the Sexual Offences Act. In my opinion, we have many laws which have to be checked like the Counterfeits Act and the Refugees Act. You know the issue of refugees is very sensitive in the country right now. On the Insurance Act, the Bill proposes to amend it by conferring additional functions to the authority to educate the public on the right to elect an underwriter of their choice. It is also to regulate bank insurance. Many banks are now working together with insurance companies. An example is the Cooperative Bank which is in partnership with the CIC Insurance Group Limited. You are able to buy your insurance through the bank. There are some amendments which touch on this. I believe we will make sure they do not infringe on the rights of trade of either of those companies at the Third Reading. There are not many companies other than those two who are in that business. It is good we make sure we do not infringe on the rights of others while we are trying to make a law or the source of the law has not been a competitor for these companies. The amendment should come here in good faith. There is the issue of auctioneers. Auctioneers are executors of the courts. Many people who are not familiar with the law have been coned by auctioneers, including advocates. So, it is good when that Act is also done well so that somebody does not take advantage and misuse the Auctioneers Act to enrich themselves unfairly or take advantage of other people. It has happened in the past. I find that to be a very good law of a good purpose for the country of Kenya. The Children Act seeks to empower the Cabinet Secretary (CS) to restrict international adoptions of Kenyan children. The area of adoption has been very tricky. Kenyans have been shipped out of the country irregularly through alleged adoptions which have been processed 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."
}