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{
    "id": 718822,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/718822/?format=api",
    "text_counter": 183,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "seeks to protect the rights of a suspected sexual offender for the purpose of ensuring that all the avenues of appeal against a conviction are exhausted before a court can declare such person a dangerous sexual offender. We have no much issue with that. The issue I have really listened to and I have been following debate on this afternoon is the impression created that the amendments to this Act intend to lower the age of sexual consent from 18 years to 16 years. In order to cure this, we shall be introducing a provision or I will go further and, maybe, write to the Speaker so that, that section is withdrawn, and so that it does not reach the Third Reading. That is provided for. I will do that. A very important Act is the Judicial Service Act, 2011 No.1 of 2011. We are providing a mechanism that we were faced with as a country; the absence of the Chief Justice (CJ) and the Deputy Chief Justice (DCJ). What happens? Who becomes the acting CJ? I am sure this law is very clear that the senior-most judge at the Supreme Court will act as the recruitment of the CJ and the DCJ goes on or in their absence. They could be out of the country or, maybe, one is out of the country and the other is indisposed. There are a number of issues that can happen. That Judicial Service Act amendment is important. In the National Police Service, we have the regular police, Administration Police and all that. Over the last four years, I am sure this has created conflict in terms of command structures. So, it is dealing with that. It is also dealing with a provision that will allow the National Police Service to have a department where they will have the mandate to do and collect criminal intelligence that will help make our country safe. It is also trying to confer on the service the function of criminal intelligence within the National Police Service. It also deals with the retirement ages of the two Deputy Inspector-Generals, Director of Criminal Investigation Department and all uniformed officers of the department. What is their retirement age? Hon. Temporary Deputy Speaker, I am developing a consensus on the Independent Policing Oversight Act, 2011. I have already received communication from Independent Policing Oversight Authority (IPOA) on the extent to which we can declare certain documents privileged. The IPOA is supposed to deal with complaints and grievances from citizens. So, to what extent can the National Police Service say: “We cannot give you these documents because they are privileged?” So, I have told our Legal Department, the Attorney-General’s Office and IPOA to come together and build a consensus on that provision. If they do not develop, I will pull this out and write to the Speaker so that it only comes when they have agreed. On the Treaty Making and Ratification Act, this is the third time the Attorney-General (AG) is sneaking back this provision. It is very clear that treaty making and ratification function in all jurisdictions is a function of the Ministry of Foreign Affairs. We removed it in 2014, 2015 and in 2016. I do not know what is making the Attorney-General own that function. That is a function of the Ministry of Foreign Affairs in all jurisdictions. They send it to House for ratification. So, I will also write to the Speaker and remove that specific provision. On the retirement benefits of the Deputy President and designated officers, the only person who is an orphan in this law and the reason we brought it is the great man, former Chief Justice Willy Mutunga. He left and we realised that the law did not cater for that. So, I am sure where he is sitting--- I have confirmed to him that the House will expedite this process so that the former retired Chief Justice is included as one of the entitled persons under that Act. The rest were not very contentious - the Legal Aid Act, the Companies Act and the Excise Duty Act. On the reorganisation and administration of the High Court, the Bill proposes to amend the High Court (Administration and Organisation) Act of 2015 which we passed just to deal with the periods of recess and align it with what is obtaining in the Court of Appeal. 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."
}