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{
    "id": 720276,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/720276/?format=api",
    "text_counter": 111,
    "type": "speech",
    "speaker_name": "Hon. Mbui",
    "speaker_title": "",
    "speaker": {
        "id": 1750,
        "legal_name": "Robert Mbui",
        "slug": "robert-mbui"
    },
    "content": "We are creating a situation where this Bill could be used by people for their own personal interests and sometimes to victimise others. My concern is how you will know if it is intentional. Secondly, the Bill states that this does not include an act that causes penetration. When there is penetration, there is evidence. What evidence will you give for these unwanted physical contacts if there is nothing to show? With penetration, at least, we know there will be Deoxyribonucleic Acid (DNA) evidence and somebody will know there was penetration when two people come into sexual contact. But without that, how do you prove a person touched you? It is going to be your word against theirs. Kenya has become a country where people prefer to take each other to court and this is likely to be used by people for personal reasons. It is important for us to be careful on this and craft it in a way that makes it specific to avoid opening up avenues for a lot of litigation. There is also the proposal by the Member that women should be decently dressed. I remember after the promulgation of the new Constitution, women went to the streets saying, “My dress, my choice.” Here, we are again saying it is no longer their dress their choice, but “our Bills our choice.” We need to ask ourselves whether we are going to follow the Constitution which allows people freedom of dress. I know when we talk about decency and indecency, then, we may need to specify which parts of the body should not be exposed to the public and I would find reason to support this. If it is left to the women to make a decision on what is decent or not, it will be difficult. We do not go to the same schools, come from the same background and are not cultured the same way. Some go to church and others do not. So, it will be difficult if we leave it hanging by saying decent. The word ‘decent’ does not mean the same to everyone. I want to support the issue of forming a gender crimes unit in police stations. That is something which has been in existence, but not well staffed and managed. Special training should be given to the police officers who are supposed to handle the gender crimes. Probably it should not be just a desk, but a separate office should be provided. One of the reasons why people have a problem with the desk is because when one wants to report a crime, you find other people reporting other different kinds of crimes. It becomes difficult for people to express themselves and say what happened to them. It is important for us to create an office and a unit with specially trained officers with proper equipment to conduct DNA testing immediately to know what really happened. This will go a long way in ensuring that sexual offences in this country are stopped. The issue of public awareness through schools is important and a good point. It is important for our children to grow up knowing what is right and wrong sexually. I am a father of three children and one of the most difficult things I have had to fight with all my life is how to talk to my children about sex. This is because of the way I was brought up believing that sex is a taboo. So, how do I start talking to my young children about sex, something they will have to do with somebody they love at a certain age? There are certain questions I do not want them to answer. If we pass this law, then it means that teachers who are a bit detached will be given a curriculum which will be developed with proper training and wording, so that they will know exactly how to teach. This is something that we need to support. We need to support the issue of ensuring that public awareness on sexual offences is brought to the fore. Finally, there is the issue of out of court settlement and plea bargaining. It is a tragedy in this country that up to now, so many years after Independence, we have children who are defiled by grownups and parents do not side with their own children. Parents are comfortable taking 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."
}