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{
    "id": 720305,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/720305/?format=api",
    "text_counter": 140,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) F.M. Mutua",
    "speaker_title": "",
    "speaker": {
        "id": 539,
        "legal_name": "Florence Mwikali Mutua",
        "slug": "florence-mwikali-mutua"
    },
    "content": "The issue of abortion was also raised by one hon. Member. That is, if a lady who has been raped should abort the child. The victims of a sexual offence are at liberty to seek the opinion of a trained health professional. Article 26(4) of the Constitution provides for grounds when an abortion is permitted in law. The Legislature though has the mandate to come up with legislation to permit abortion pursuant to the above articles of the Constitution. The issue of the DNA samples was raised here. In the offence of gang rape, DNA samples of all the accused are taken and subjected to analysis. The DNA of the convicted person shall then be stored in the databank for dangerous sexual offenders, but the acquitted person’s DNA shall be destroyed. Section 36 of the principal Act is meant to deal with that. Mental case patients are treated as vulnerable witnesses and they are adequately covered under Section 31 of the principal Act. They are accorded special treatment by the courts. The databank of dangerous sexual offenders shall be kept in such a place as the Cabinet Secretary (CS) for the time being responsible for matters relating to legal affairs and public prosecutions shall determine. Section 36(4) of the principal Act already provides for that. Therefore, this is a policy issue which should be implemented by the relevant Ministry. Section 47(a) of the principal Act directs the Chief Justice to make rules to aid the implementation of the Act. The timeframe within which cases under this Act may be heard and determined should be left to the directions of the Chief Justice who shall be guided by various factors. The Legal Aid Act provides for legal assistance to the economically challenged accused persons which one hon. Member raised because most people cannot afford lawyers. The victims of sexual offences are well represented by the Office of the Director of Public Prosecutions (DPP). Section 40 of the principal Act provides that the only person who can withdraw a sexual offence case before a court of law is the DPP. This ensures that the perpetrator does not compromise any case with a view to defeating justice. The withdrawal is also further guided by the Constitution under Article 157(8), that any withdrawal is dependent on the consent of the court. On the issue of the semen, a sexual offence is not only hinged on the DNA test only. The courts rely on various forms of evidence in arriving at a determination. The oral evidence of the victim may be sufficient to convict. Therefore, a rapist who uses a condom may have prevented his semen from being used as evidence but an acquittal will not be automatic. Semen is not the only form of DNA. An hon. Member talked about ensuring that a special cadre of police is trained on forensic science. A proposal in the amendment that a special unit be formed by the National Police Service (NPS) to take control of sexual offences in each county is sufficient in the circumstances, noting that the unit will undergo special training for capacity building. Therefore, forensic training will be expected to form part of that training. As I conclude, sex education is an emotive topic. The introduction of sex education in the school syllabus is long overdue---"
}