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{
    "id": 720304,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/720304/?format=api",
    "text_counter": 139,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) F.M. Mutua",
    "speaker_title": "",
    "speaker": {
        "id": 539,
        "legal_name": "Florence Mwikali Mutua",
        "slug": "florence-mwikali-mutua"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. First, I want to sincerely thank all the Members who have supported this Sexual Offences (Amendment) Bill. I want to thank them for the various amendments that have been raised, which I believe will be addressed at the Committee of the whole House stage. There are some few amendments that were raised, which I feel I need to clarity as we move to the Committee of the whole House. One hon. Member raised the issue of the boy-child not being covered. The Bill talks about a person; it does not specify the gender. Therefore, the boy-child is already covered. Before I proceed, I want to categorically speak on two issues that have been raised on the Floor of this House and they are not in my Bill. One is the issue of winking. That is not in my Bill. The issue of kukula na macho is not in my Bill. The issue of people greeting each other as an offence is not in my Bill. I want to beg the hon. Members to stop trivialising this Bill because it is a very serious Bill. Another hon. Member raised the issue of the fine of Kshs500,000 being a small amount. The proposed fine of Kshs500,000 is against an individual who, while seeking employment as a caregiver, fails to disclose previous sexual offences conviction. The amount is sufficient noting that the employer who violates the same provisions and knowingly employs an ex-sexual offence convict will be faced with a fine of not less than Kshs1 million. It is important to note that the wording of the Act is such that the two figures are the minimum that the court can impose. Therefore, the court is left with a wide discretion to impose a higher fine taking into account the circumstances of each case. On the issue of having the database of people who have been convicted, we need the Ministry of Interior and Co-ordination of National Government to have a live database where any employer can access the names of the people who have already been convicted of the sexual offences so that it can make their work easier. We do not want them to end up employing those who are already convicted. Issues have been raised about the definition of “indecent act” and that the vagueness may land an innocent person in jail. However, the wording of the definition of “indecent act” is very clear. The same refers to “intentional act.” The issue of intention is clarified in law. Looking at the Penal Code, “intention” is described as an act or omission which is dependent on the person’s will. The courts are guided by that definition and, therefore, any accidental occurrences do not constitute an offence. The speaker gave an example of a car breaking hence people’s bodies getting squeezed. That is not intentional but an accidental occurrence, which is not an offence. All cases before a court of law are based on tangible evidence. The same may be direct or circumstantial evidence. The issue that was raised by one hon. Member about women using trumped up charges to frame men can be sorted out by the court based on the evidence adduced before it. On the issue of maintenance of a child born out of a sexual offence, there are children courts that deal specifically with children issues. The decision to seek maintenance for the child solely rests with the mother but she is also at liberty to move to the children courts for such orders. Section 91 of the Children Act gives courts the orders to grant such powers. It is important to take into consideration the mental status of a woman victim in relation to whether she could be comfortable with the man who violated her still lingering around in the name of providing maintenance of the resultant child. Such a decision should be left to the individual victims. This issue has raised a lot of debate in the USA with some states granting the perpetrators visitation rights. 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."
}