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{
    "id": 74206,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/74206/?format=api",
    "text_counter": 198,
    "type": "speech",
    "speaker_name": "Mr. Raila",
    "speaker_title": "The Prime Minister",
    "speaker": {
        "id": 195,
        "legal_name": "Raila Amolo Odinga",
        "slug": "raila-odinga"
    },
    "content": "is guilty of the offence of piracy. Mr. Deputy Speaker, Sir that section was actually quoted by the parties to the suit in the case that has just been cited. The judge’s own view was that this provision, or section, is inconsistent with Section 5 of the Penal Code to the extent that it includes the high seas in respect of where the acts of piracy jure jentium are committed. Section 5 confers on the Kenyan courts jurisdiction over all matters under the Penal Code. All those matters were canvassed during the hearing of this particular case but the learned judge, in his own wisdom, decided that even with these provisions in our law, still the offence took place outside Kenyan territory and, therefore, were not offences under the Kenyan laws. As I mentioned, the Attorney-General has appealed against this ruling, and the matter is going to be discussed during the hearing of the appeal. So, to that extent, it would be sub judice for us to discuss this issue; it is still a subject of an appeal filed by the Government. Mr. Deputy Speaker, Sir, I want the hon. Member to appreciate that Seychelles has almost similar laws to ours. However, their courts decided to pass a judgment imprisoning people who were found to be within their territorial waters in almost similar circumstances like ours. That is why we were disappointed by that ruling, although it is part of our democratic governance. Therefore, there is very little that we can do until the court of appeal has successfully heard this matter. Mr. Deputy Speaker, Sir, the agreements that had been signed were not really the cause for the dismissal of this case against the accused. These agreements are only intended to mobilise collective action by the parties in the fight against piracy in the high seas. I have not checked the records fully, but if the agreements have not been brought for ratification by this House, action will be taken to ensure that, that is done at the earliest possible opportunity. Hon. Kapondi---"
}